Israel

In an opinion filed on December 20, 1920, the judgment herein was reversed upon the sole ground that the court erred in making an order that upon defendant Bryan depositing in court the fund in controversy he be discharged from liability, and other defendants, who were asserting claim to the money, substituted in his place. The decision was based upon the fact that, as shown by the record then presented, Bryan had an answer on file in the action, and hence the order made was in violation of the provisions of section 386 of the Code of Civil Procedure, which requires that in such cases it be made before answer filed.

The case involves two appeals, both of which are based upon the judgment-roll alone.

The history of the matter, as appears from the findings and record as corrected by diminution thereof allowed by the court after the making of the order granting the rehearing, is as follows: It is alleged in the complaint, filed on April 8, 1918, that plaintiff, on February 11, 1918, deposited with Solon Bryan, justice of the peace, the sum of three thousand dollars cash bail to secure the appearance of F. M. Couden at a preliminary hearing upon a criminal charge filed against him;…

I concur in the judgment. I do not agree that the court, on this record, had jurisdiction to render and enter the amended judgment, except under the authority conferred by sections 663 and 663a of the Code of Civil Procedure. But since there does not appear to have been any notice of entry of the judgment that was entered on June 9th, the notice of motion to amend was, apparently, made within the time limit prescribed by section 663a.

A petition to have the cause heard in the supreme court, after judgment in the district court of appeal, was denied by the supreme court on May 23, 1921, and the following opinion then rendered thereon:

The petition for rehearing in the supreme court is denied.

[6] We are not in accord with the statement in the opinion of the district court of appeal that “the sheriff was improperly made a defendant” in the proceeding for an interpleader by the defendant in the superior court. The sheriff had served a notice of attachment of the money in the hands of Bryan belonging to Couden, and the sheriff had a sufficient interest to entitle him to appear and show the true title to the money in behalf of his principal, the plaintiff in the action in which the…