
    Mary Lambert, as Administratrix, Etc., Plaintiff, v. The Metropolitan Street Railway Company, Defendant.
    (Supreme Court, New York Special Term,
    January, 1901.)
    Administrator — Unless authorized to collect, cannot issue execution.
    An administratrix having power from the Surrogate’s Court to prosecute but no power to collect, has no right to issue execution on a recovery by action and the execution is irregular.
    The fact that she subsequently obtained from said court full power to collect cannot make the execution regular.
    Application to vacate .am. execution.
    Jacob Marks, for plaintiff.
    Henry A. Robinson, for defendant.
   Blanchard, J.

This is an application to vacate an execution on the ground that at the time of the issuance thereof the plaintiff was an administratrix "with but limited powers, having po-wer to “ prosecute,” but not power “to collect or compromise.” After this motion was made, but before its submission, plaintiff obtained from the Surrogate’s Court full power of collection. By placing the execution in the hands of the sheriff, plaintiff clearly exceeded her authority, conferred upon her by .the Surrogate’s Court. She thereby, in effect, constituted the sheriff her agent in the collection of her judgment. Her action in subsequently obtaining the necessary .power of collection did not remedy the. defect existing when the execution was issued. Even if the issuance of the execution be not void, it was certainly irregular, and should he vacated.

Execution vacated.  