Weldon

Appeals are here presented from a judgment of the superior court, entered, ex parte, against Ralph Rogers, defendant in a former judgment, and Mabel Bailey Rogers and Hugh Glassell as sureties in an undertaking, given upon a former appeal in the catise for the purpose of securing a stay of proceedings. (See Weldon v. Rogers, 151 Cal. 432 , [ 90 Pac. 1062 ], decided in this court June 22, 1907.)

On April 2, 1891, a judgment was entered in the superior court for $3979.15, in favor of T. J. Weldon against Ralph Rogers. This judgment remains unpaid. On April 10, 1905, on motion of the present respondent, who was then and is now acting as executrix of the estate of T. J. Weldon, deceased, an order was made in that cause, the material part of which is as follows, to wit: “It is now therefore ordered 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 $3979.15, with interest from April 2d, 1891, at the rate of seven per cent per annum, now amounting to $7,879.44.” Ralph Rogers moved the said court to set…