Chappel

Plaintiff sued upon a judgment rendered in his favor on June 30, 1905, by the district court of Black Hawk County, state of Iowa. As a defense to recovery thereon, defendant pleaded subdivision 1 of section 336 of the Code of Civil Procedure. The court gave judgment for plaintiff, from which defendant appeals upon the judgment-roll.

The statute pleaded prescribes a period of five years within which an action upon a judgment of a sister state may be brought. The complaint herein was filed October 19, 1911, being 6 years, 3 months and 19 days after the rendition of the judgment sued upon. Section 351 of the Code of Civil Procedure, however, provides that: “If, when the cause of action accrues against a person, he is out of the state, the action may be commenced within the term herein limited, after his return to the state, and if, after the cause of action accrues, he departs from the state, the time of his absence is not part of the time limited for the commencement of the action.” An action upon the judgment was not barred by the laws of Iowa which, as found by the court, prescribe a period of fifteen years within which to sue thereon; and the court found that since the rendition…