Stevens

By the final judgment entered in this case it was “ ordered, adjudged, and decreed that Catherine Stevens, administratrix of the estate of Joseph Stevens, deceased, plaintiff, do take nothing by this her said action against the San Francisco and North Pacific Railroad Company, a corporation, defendant, but that judgment be, and same is, hereby entered herein in favor of said defendant for its costs and disbursements incurred herein,” taxed at six hundred and forty dollars and seventy-five cents. Subsequently, the defendant demanded of the clerk of the court that he issue an execution on the judgment against the plaintiff personally. The clerk refused to comply with this demand upon the ground that he had no power or authority to do so. "Thereupon the. defendant applied to the court for an order directing, the clerk to issue such an execution. The court denied the motion, and the defendant appeals from the order.

The Code of Civil Procedure contains the following provisions:

Here the judgment was against the plaintiff as administratrix for costs, but such costs were not by the judgment made chargeable only upon the estate, as they might have been under the section of the code…