Cadwell

Action in the superior court upon two certain judgments rendered by a justice of the peace more than five years before the commencement of the action. Demurrer to complaint sustained, without leave to amend. Judgment in favor of defendant, from which plaintiff appeals.

The complaint filed March 21, 1905, sets out the rendition and entry of two certain judgments by a justice of the peace in favor of one John Heinlen and against the defendant; in one case for $266.85, principal debt, $205.47 interest, and $32.50 attorney’s fees and costs; in the other for $266.80 principal debt, $119.83 interest, and $33.50 attorney’s fees and costs; which judgments were rendered in July, 1899. The nonpayment thereof is alleged, and plaintiff prays for the enforcement of such judgments by execution and judgment thereon in favor of the plaintiff for the aggregate amount thereof. The demurrer to the complaint was general, and upon the ground that the complaint upon its face disclosed that both of said judgments were barred by the provisions of section 336 of the Code of Civil Procedure.

Appellant insists that the ruling of the court sustaining such demurrer was erroneous; that section 685 of the…