Demens

Judgment was awarded plaintiff against defendants on June 24, 1915. On January 30, 1924, upon ex parte application and upon presentation of affidavit that no part of the judgment had been paid and that deponent was informed and believed that defendants had property not exempt from execution which should be applied upon the judgment, the trial court ordered that execution issue. Pursuant to this order execution issued and a motion to recall the same was made upon notice on the 11th of February, 1924. This motion was made upon affidavit and was based upon the ground of inadvertence. Thereafter the court made an order vacating the order of January 30th and the execution was recalled. Notice of motion was subsequently served upon defendants that plaintiff would on February 15, 1924, move the court to reconsider its order of February 11th and to deny the motion to vacate the order of January 30th. A hearing was had on February 15th, whereupon plaintiff moved in open court for a rehearing or a reconsideration of the order of February 11th upon two different grounds—upon errors of law as to laches and upon the point that no summons and complaint had been served. Nothing relative to the…