Mason v. Cronise

Citations

• 20 Cal. 211

Syllabus

<p>The defense of the Statute of Limitations may in our practice be presented by demurrer, where it appears from the complaint that the period of limitation has elapsed since the plaintiff possessed the right of action, and no facts are alleged taking the demand from the operation of the statute.</p> <p>Smith v. Richmond (19 Cal. 476) and Barringer v. Warden (12 Id. 311) affirmed on this point.</p> <p>Judgments recovered in the Courts of this State are within the first subdivision of the seventeenth section of the Limitation Act, and actions thereon are barred by the lapse of five years from the time they are rendered.</p>