Pitchess

On October 13, 1966, plaintiff filed an action against H. R. Johnson Construction Company and others. A writ of attachment issued in that action on that same day. On October 17, 1966, the writ was served on Nelson & fielding Construction Company, who answered, on October 25, 1966, that it was indebted to the Johnson Company in the sum of $12,557.60, less certain offsets. Thereafter George Coleman brought suit against the Johnson Company, in which, on November 21, 1966, he recovered judgment. Coleman caused execution to issue on that judgment and instructed the sheriff to serve that writ on the Nelson & fielding That levy was made on January 19, 1967. On March 28, 1967, Nelson & fielding sent the sheriff its check for $10,053.17, with a in the transmission to the October 1966, attachment in plaintiffs suit. Through error in the sheriffs office, the funds so received from Nelson & fielding were paid over to Coleman.

In the meantime, plaintiff had recovered judgment against the Johnson Company and, on October 9, 1969, demanded release to it of the funds received from Nelson & Belding. The sheriff’s office refused. Claim for the money was filed with defendants on April 7,…