Hecker

This is an appeal from a judgment entered against appellants as sureties on a bond given on appeal to stay the execution of a money judgment in the sum of $11,890, rendered against Walter Hogan in an action to recover upon several promissory notes.

The record discloses that the action was commenced by “Barbara Hecker, as administratrix of the estate of Charles Valentine Hecker, deceased,” and on February 19, 1924, judgment wa.s rendered in favor of “plaintiff, Barbara Hecker, administratrix of the estate of Charles Valentine Hecker, deceased, and sole heir of said estate.” (Italics ours.) Hogan appealed ‘ to the supreme court, but on respondent’s motion the appeal was dismissed. Two days after the remittitur was filed in the trial court, and on April 10, 1925, pursuant to a motion presented on behalf of Mrs. Hecker, an order was made and entered which, after reciting that the promissory notes sued upon had been dis-' tributed to Barbara Hecker by virtue of the decree of dis-' tribution made and entered in the matter of the estate of her deceased husband, ordered that 11 Barbara Hecker, an individual, be . . . substituted as plaintiff herein in place and stead of Barbara Hecker as…