Trenouth

This is an action upon a judgment. The defense is the Statute of Limitations. The facts are, that on August 26th, 1871, plaintiff commenced suit in the Fourth District Court against the defendant to recover three hundred and eighty dollars, with *274 interest and costs. The defendant filed a demurrer in that action, but subsequently withdrew the demurrer, with leave to answer within ten days. lie failed to answer, and on the 20th day of March, 1872, his default was, on motion of plaintiff’s attorney, entered in the cause, and the Court thereupon heard proof on the part of the plaintiff, and ordered that a judgment be entered in favor of the plaintiff for the sum of $405.74, together with costs of suit. The judgment so ordered on the 20th of March was not, in fact, entered until the 25th of March, 1872. The present action was commenced March 23rd, 1877. If, therefore, the statute commenced to run from the date the Court ordered the judgment to be entered, as was held by the Court below, the present action is barred. On the other hand, if the date when the judgment was reduced to a tangible form, and, in fact, entered, be taken as the starting-point, this action was commenced in…