Herrlich

This action was commenced June 20, 1891, and is based upon a judgment averred to have been duly given and made by the superior court in and for the city and county of San Francisco, in favor of Julie Herrlich and against Maggie McDonald, the defendant herein, on the twenty-fourth day of June, 1886.

It is further averred that an appeal was taken by said defendant from said original judgment to the supreme court of the state of California, where the same was, on the seventh day of September, 1889, affirmed with fifteen per cent damagés.

The complaint further avers that the original action was brought to recover for money had and received by defendant from Julie Herrlich, the plaintiff therein, in a fiduciary capacity, etc., and that plaintiff John F. *552 Hanlon is the assignee of an interest in said original judgment.

The answer of defendant, among other things, denies that the original judgment was entered after November 28,1881, or that the action was brought to recover money had or received by the defendant in a fiduciary capacity, pleads the statute of limitations, and a discharge from said judgment under the insolvent law of the state of California by a decree duly entered…