Feeney

Action to recover an unpaid balance due on a judgment rendered in an action of unlawful detainer. Defendants had judgment on demurrer to the complaint, from which plaintiff appeals.

The complaint showed that on August 22, 1891, plaintiff recovered judgment for possession of certain real property, and for $1,50-0 damages and $20.30 costs, and under a writ issued thereon September 1, 1891, and returned November 3, 1891, there was realized on the judgment $63.30, and that there is now unpaid on the judgment $1,457, with interest, etc.; and judgment is demanded against defendants for the amount. The action was commenced August 17, 1897—more than five, but less than six, years after the judgment was entered. Defendants demurred to the complaint for insufficiency of facts, and because the action is barred by section 336 of the Code of Civil Procedure, which provides that an action on a judgment or decree must be brought within five years. Appellant contends that the judgment was not a final determination as to the rights of the parties until the time for appeal had passed. Appellant lays much stress upon section 1049 of the Code of Civil Procedure, which provides that “an action is…