Thompson

This is an appeal from an order denying plaintiff’s motion “for an order of court recalling and quashing the execution issued in the above-entitled action to the Sheriff of the City and County of San Francisco, and against Teresa Bell as an individual, and also for an order of court taxing the costs of the defendant, and for an order of court setting off the amount due the said plaintiff from the said defendant for money had and received by said defendant for the use and benefit of said plaintiff and the estate of said Thomas Bell, deceased.”

The facts, as shown by the record, are that on June 26, 1902, judgment was rendered in said action in favor of defendant; that on June 28, 1902, there was duly served upon plaintiff’s attorney a written notice of the court’s decision in said action, which notice, among other things, contained the following: “Also that the defendant in said action claims her costs and disbursements expended and incurred therein, and that the defendant’s bill of costs in said action has been filed, and a copy thereof is served upon you herewith. Also that judgment has been entered in said action. Dated June 28, 1902. Drown, Leicester & Drown, Attorneys for…