Blake

Both plaintiff and defendant appear as appellants in this action, neither being satisfied with "the order made in the superior court.

On the twenty-fifth day of October, 1915, plaintiff obtained judgment against the defendant for a considerable sum of money. On the third day of June, 1919, plaintiff assigned this judgment to one Cohn. On January 9, 1917, in an action brought against the plaintiff and defendant and one Hewitt, judgment was recovered in the sum of $1,050, with interest and costs. An appeal was taken from that judgment by defendant Arp, and the judgment was thereafter affirmed .and it was fully paid by Arp about July 1, 1919. In the transcript there appears a notice of motion, made under the title of the first-mentioned action, which notice recited that Arp “will on Monday, the four teenth day of July, 1919, . , . move the said court for an order directing the clerk to enter partial satisfaction in the sum of $1,313.30 of the judgment heretofore entered herein in favor of the plaintiff and against the defendant for the sum of $2,100, together with interest and $138.85 costs. . . . Said motion will he made on the ground that the defendant has paid on account of the…