170. Formerly, however, there was a more substantial distinction between them. An action was considered as terminating with the giving of judgment, and the execution formed no part of it. (Litt. § 504; Co. Litt. 289a.) A suft, on the other hand, included the execution. (Id. 2914.) So, an action is termed by. Lord Coke, “the right of a suit.” (2 Inst. 40.) Burrill.