Neff

On April 28, 1916, plaintiff commenced an action in the superior court of Humboldt County against Eugene Woodin and others, as trustees of the California Redwood Shingle Company, a dissolved corporation, for the recovery of $1,928. An attachment was issued in said action and levied upon certain property held as such trustees by said defendants. Thereafter the parties to the action, together with one H. A. Poland, entered into a written agreement whereby it was provided that said attachment should be released and “the mill owned by the defendants and held under attachment herein may be operated by II. A. Poland.” Then follow certain directions in reference to the disposition of the proceeds of said operation, from which we quote this: “That said H. A. Poland shall deposit with the sheriff the sum of one hundred dollars per month during the period of operation of said mill, said sum to be payable in advance, commencing on the 15th day of May, 1917. . . .

While the action was pending Mr. Redmond died, and his administratrix was substituted as party defendant.

At the close of plaintiff’s case the court granted a non-suit, and from the judgment entered thereupon the appeal has been…