Simpson

On September 24, 1910, plaintiff filed her complaint to enforce payment of a judgment entered, on February 12, 1903, in an action as above entitled, which it is alleged and admitted, was never appealed from and that no part of the judgment has been paid. This judgment reads as follows:

Defendant answered and, by way of defense, pleaded the following judgment which it is* alleged and is admitted, was never appealed from:

These judgments were admitted in evidence and constitute all the evidence in the case except as above stated. The court made the following findings:

As conclusions of law the court found that plaintiff’s prayer for relief should be denied and that defendant is entitled to judgment in his favor and judgment was accordingly entered, from which plaintiff appeals.

It will be observed that the title of the cause in both decrees of 1903 is the same; the court and number of the department and number of the action are the same and the same judge entered the decrees. The decree of divorce followed the decree for maintenance two months and was entered on an answer to plaintiff’s complaint and defendant’s cross-complaint and answer to the cross-complaint. We think it…