Pennie

This is an action by Pennie, the administrator of the estate of Thomas H. Blythe, deceased, for an accounting against John Poach, as the executor of the last will and testament of Philip A. Poach, deceased, who had preceded Pennie as the administrator of Blythe’s estate.

Judgment was given and made in the premises, from which the plaintiff prosecutes this appeal upon the judgment roll and a bill of exceptions.

The first contention of the plaintiff is, that the judgment is void, because it is in favor of Mr. John A. Wright, an attorney at law, not a party to the action.

Conceding without deciding that under the decision in Sharon v. Sharon, 75 Cal. 39 , so much of the judgment as orders the payment to John A. Wright, Esq., of a certain sum of money is void, yet that part of the judgment may be disregarded, and still the judgment can stand and be enforced, so far as it directs the payment to the defendant Poach, executor, of that sum of money for the use and benefit of said Wright. It is certainly competent for this court, if it were necessary, *520 to modify the judgment by striking out the words “ or to the said Wright in person.”

But we do not perceive how the plaintiff can…