Lewis v. Adams

Citations

• 70 Cal. 403
• 11 P. 833
• 1886 Cal. LEXIS 802

Syllabus

<p>Findings — Statute of Limitations. —A finding that all the allegations of the complaint are true is a sufficient finding on a plea of the statute of limitations, if the complaint contains averments showing that the statute had not run.</p> <p>Joint Judgment — Action on against Joint Debtor—Amendment — Statute of Limitations. — Where an action on a judgment against several joint debtors is originally commenced against one of them alone, a subsequent amendment to the complaint, by inserting the names of the other judgment debtors as defendants, does not change the nature of the action against the original defendant, nor extend the running of the statute of limitations in his favor until the filing of the amendment.</p> <p>Id.—Foreign Judgment—Review of Error.—In an action on a judgment rendered in another state, error in the manner of entering the judgment will not be reviewed.</p> <p>Id.—Foreign Executrix—May Sue Personally on Foreign Judgment. — A foreign executrix may maintain an action in this state in her individual name on a judgment recovered by her as executrix in another state on a debt due to her testator.</p> <p>Id.—Averments of Official Capacity—Surplusage.—In such an action, the averments in the complaint of the official capacity of the plaintiff are mere surplusage, and may be disregarded.</p>