129 Iowa 156 | Iowa | 1905
Practically the only question in the case is: Is the action barred by the statute of • limitations ? The judgment of the justice was rendered April 12, 1880. It was transcripted to and filed with the clerk of the district court on the same day. Execution issued from the district court April 5, 1900, which was returned unsatisfied November 25, 1901. This action was commenced June 29, 1903. By statute it is provided that no action shall be brought upon a justice’s judgment within eight years after the same is rendered,- nor upon a judgment of any court of record within fifteen years, and the Code of 1897 introduced this as an amendment to the old law, “ but the time during which an action, is prohibited upon a judgment . . . shall not be excluded in computing the statutory period of limitation for an action thereon.” Code, sec. 3439. Under the title “ Limitation of Actions ” it is provided, in substance, that actions must be brought' upon justices’ judgments within 10 years after the causes thereof accrue, and upon judgments of courts of record within 20 years. Code, sec. 3447. Under the same title it is provided that, when the commencement of an action is stayed by statutory-prohibition, ; the time of prohibition shall not be a part of the time limited for the commencement of the action, “ except as herein otherwise provided.” Code, sec. -3458. The part in quotations was added when the Code of 1897 was adopted.
Appellants’ main contention is that the judgment, being that of a justice, was barred under the rule announced in the Weiser Case, within eighteen years from the time, it was rendered. But, as we have seen, that proposition is unsound.
Suggestion is made that the trial court was in error in sustaining plaintiffs’ demurrer 'to the second division of the answer, on the ground that the ruling on the demurrer to the original petition was res adjudícala upon the proposition presented. Concede arguendo the correctness of this position, yet the trial court was right in sustaining it, and
Something is said in argument about a failure of plain-' tiff to prove up his judgment; and to the effect that no jurisdiction in the justice to render the original judgment- is shown. Suffice it to say that there is nothing in either of these positions.
The trial court followed our previous decisions, and its judgment seems to be correct. It is therefore affirmed.