Weldon

Judgment was entered against the defendant, in favor of T. J. Weldon, April 2, 1891, for the sum of two thousand dollars, with interest at two per cent a month, from March 1, 1887, aggregating $3,960, and with costs, $3,979.15. Weldon died August 25, 1894; and on the tenth day of April, 1905, on the motion of Sophie B. Weldon, claiming to be executrix of the last will of the original plaintiff, then deceased, an order was made by the court below “that execution issue, and that the said judgment be enforced in favor of Sophie B. Weldon, executrix of the last will and testament of said T. J. Weldon, deceased, plaintiff herein, and against the defendant, Ralph Rogers, for the sum of $3,979.15, with interest from April 2nd, 1891, at the rate of seven per cent per annum, now amounting to $7,879.44.” Thereupon a writ of execution was issued, but in whose name as plaintiff does not appear from the record before us. Nor does it appear that any order was made by the court at any time to revive the action in the name of the executrix. Thereafter, on the fourteenth day of April, 1905, after due notice, the defendant moved the court to set aside the order of April 10, 1905, and to quash the…