Sharon

Upon the going down of the remittitur upon the appeal from the original judgment granting a divorce in this cause, and from the order granting alimony and counsel fees ( 75 Cal. 1 ), plaintiff moved the court below for judgment against the present defendant, executor of *428 the original defendant, and who had, pending the appeal, been substituted as sole defendant, for alimony under the said original order, as the same was modified by this court, and for the costs awarded by the original judgment of the court below, affirmed by this court. Defendant opposed this motion, and introduced certain evidence in support of his opposition, which need not here be repeated, but which presented the facts upon which his opposition was grounded.

The court overruled all the objections made by defendant, and ordered judgment against him and in favor of plaintiff for $6,614 as alimony, and $825.25 as costs, from which judgment this appeal is taken.

1. The defendant made the point in the court below, and insists upon it here, that plaintiff was not entitled to such judgment, for that she had not presented or exhibited any claim for alimony or costs to the executor of William Sharon, or to the…