Ghio
Ghio v. Cline
Opinion
Lead Opinion
Nourse, J.
This is an appeal from a judgment against the defendant, the sheriff of Los Angeles County, in an action of claim and delivery for the recovery of a fishing boat and equipment, held by the sheriff under a writ of attachment.
The facts are that the boat, which was built and equipped at Sausalito, was sailed to San Pedro harbor by the father of plaintiff, where it was used for fishing purposes, partly by the father, .but chiefly by the plaintiff. The father was indebted to three different persons who each assigned their claims to Rauer’s Law & Collection Company, a corporation, for collection. This company commenced three separate actions in the superior court of Los Angeles County against both father and son. Three separate writs of attachment were issued, and the sheriff, acting under the instructions of the company, attached and took into his possession the boat with its equipment. A third party claim was filed by the son, who, some eight months thereafter, commenced this action. In the attachment suits referred to judgment went against the father, but the son obtained a judgment of non-suit in his favor in each ease. In this proceeding judgment was rendered in favor of…