Jersak v. Risen, Ex'x

GIBSON, V. C. J.

Defendant below appeals from an order of the district court denying motion to recall execution issued on a money judgment.

The ground assigned in the motion was that the judgment had become dormant and had not been revived in the time and manner provided by law.

The plaintiff below died testate soon after obtaining the judgment, and approximately five months thereafter the defendant in error was appointed executrix of his will. In less than one year after her appointment, but approximately 17 months subsequent to the death of the judgment creditor, the executrix moved for and…