Anderson v. Mayers

Citations

• 50 Cal. 525

Syllabus

<p>Complaint on Judgment.—A complaint which avers that the defendant made his note; that the plaintiff commenced an action on the note and obtained judgment, and that no part of the note or judgment has been paid, states a cause of action on the judgment and not on the note, and does not state two causes of action.</p> <p>Time when Action is Commenced.—If a complaint on a judgment is amended so as to state a cause of action on a promissory note, the action on the note is not commenced until the-amended complaint is filed, and the Statute of Limitations on the note commences running at the time last mentioned.</p> <p>Idem.—When a complaint is amended so as to state a new cause of action, the action is not - commenced as to said new cause until the-umended complaint is filed.</p>