Bray

In consequence of the fact that in 1907 the plaintiff corporation failed to pay its state corporation license tax its corporate charter was at that time forfeited. Six years later, without its status having been changed in any way, the then pretended corporation commenced an action against defendants in which, among other things, the corporate existence of the plaintiff was alleged. Defendants answered the complaint, but failed to deny the allegation regarding the corporate existence of the plaintiff. Thereafter judgment was rendered in said action against defendants. • In 1925, some twelve years after the action was commenced, under the provisions of section 685 of the Code of Civil Procedure, one Strangman, claiming to be “an officer and assignee of the plaintiff, ’ ’ procured an order from the superior court authorizing the issuance of an execution in the matter of said judgment. Thereafter, based upon the records and files in the action, on motion of defendants (which on the hearing thereof was supported by oral and documentary evidence), the court canceled and vacated its former order therein. The plaintiff then gave notice of appeal “from the judgment made and entered ... on…