I. This is not an action upon a judgment, but simply a suit to compel the recognition of a claim against an estate; and plaintiff had a right to present the judgment against Cook to the defendants as administrators at any time within ten months after the first publication of a notice to creditors of the estate to present their claims. (Wood's Digest, art. 2284, secs. 128-130; art. 2334, sec. 239.) But the complaint does not aver that such notice was ever published; and hence does not show prima facie that the cause of action is barred, and the demurrer was properly overruled. (12 Cal. 311.)
JUDGES: Baldwin, J. delivered the opinion of the Court. Field, C. J. and Cope, J. concurring.
OPINION
BALDWIN, Judge
A rehearing having been granted and the cause reargued, Baldwin, J. delivered the opinion of the Court--Cope, J. concurring.
On reargument, the judgment of the Court below is reversed, and the cause remanded, for the purpose of correcting the computation of interest according to the principles of the former opinion in the case. The costs of this Court to be paid by the respondent. The opinion formerly rendered is adopted as explanatory of the grounds of this decision.