Finch

This is an action by the plaintiff to recover the total sum of nine thousand five hundred and thirty-three dollars as damages alleged to have been suffered by her through certain acts of the defendant growing out of its alleged wrongful failure to turn over to her, or to the sheriff for her, a certain sum of money which was on deposit with it in the name of and as belonging to one Paul V. Finch and which had been garnished in the hands of the defendant in an action in which said Helen M. Finch, as the plaintiff, sought to recover and finally did recover from the said Paul V. Finch, as the defendant therein, a judgment for the sum of five thousand five hundred dollars.

Judgment passed in favor of the defendant, and this appeal is from said judgment oh the judgment-roll alone.

It appears that the above mentioned action by Helen M. Finch against Paul V. Finch was begun in the superior court in and for the city and county of San Francisco, on the fourteenth day of November, 1907. On December 3', 1907, a writ of attachment was duly issued in said action and the defendant here (the Western National Bank) was garnished, the writ having been served by the sheriff. At the time of the…