O'Malley

In this action the trial court made an order sustaining a demurrer to the complaint without' leave to amend, and from the judgment entered in favor of defendants pursuant to such order the plaintiff appeals.

In the first paragraph of the complaint it was alleged that James R. Garrick died intestate on January 9, 1923; that on February 8, 1923, one of the defendants above named was appointed administratrix of his estate, and that both defendants were his only heirs at law, and as such succeeded to his estate. In the second and concluding paragraph of the complaint it was alleged that “at the time of his death the said decedent was an administrator of the estate of Catherine Ross, deceased, and defendant as such in an action brought against him by plaintiff, M. J. O’Malley, in the superior court in and for the city and county of San Francisco, and in which action the said M. J. O’Malley as plaintiff therein recovered judgment for costs against said James R. Garrick. That the costs expended by said M. J. O’Malley in said action and remaining unpaid her is the sum of four hundred and fifty-three and 35/100 dollars’’, for which amount judgment was prayed. The grounds of the demurrer…