Armstrong

Plaintiff filed two complaints in the court below against the defendant, had judgment against the defendant in both actions, and as the evidence in th~ actions is the same, both are presented to us for consideration upon one transcript.

In action No. 5819 in the trial court the complaint alleges as follows: That within one year last past the defendant became and now is indebted to the plaintiff in the sum of $653, lawful money of the United States of America, being the balance due the plaintiff from the said defendant for the reasonable value of goods, wares, and merchandise stolen and taken from plaintiff by defendant and carried away to defendant’s place of business without the plaintiff’s consent or permission. That the value of said goods, wares, and merchandise was the sum of $653. Also that all of said goods, wares, and merchandise were taken and carried away by the defendant from the possession of the plaintiff without plaintiff’s consent or permission between the twenty-third day of January, 1926, and the twelfth day of June, 1926, at Marysville, in the county of Yuba, state of California, and that the defendant did thereafter unlawfully convert and dispose of the same to…