Anderson

Anderson v. Mayers

Good Law
50 Cal. 525
Supreme Court of CaliforniaJuly 1, 1875No. 4774California391 words

Opinion

lead Opinion

Coubt, J.

The question presented in this case is whether the action upon the promissory note is barred by the Statute of Limitations, and that question depends upon the construction to bo given to the amendment to the complaint.

The cause of action stated in the original complaint is a judgment rendered in the District Court of the Sixth Judicial District of the State of Nevada. The first amended *527 complaint states that the defendant made and delivered to the plaintiff the promissory note therein described; that the plaintiff commenced an action on the note in the above-mentioned court; that a judgment was rendered in that action in favor of the plaintiff and against the defendant for the amount of the promissory note (the judgment itself being recited at length); “that the defendant has never paid any part of said note, or the interest thereon, or of said judgment, or the interest thereon, and that the same is now wholly due and unpaid.” The cause of action therein stated is a judgment rendered upon the promissory note therein described. The complaint does not, in any sense, contain two causes of action, one upon the note and the other upon the judgment rendered on the note. The…

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