“ Smithies and his beneficiary then brought this action against the plaintiff in error and the executor of Kawananakoa, who had died. The executor demurred and had judgment. The plaintiff in error then answered, setting up the discharge of the executor and that the plaintiffs allowed the claim against the latter to be barred by time before bringing suit. The case was heard upon mutual admission of the facts set up in the declaration and answer. In argument the plaintiff in error also objects that only the original judgment creditors could sue. ”