Bunnell
Bunnell v. Thomas
Opinion
Lead Opinion
Conrey, J.
The plaintiff appeals from the judgment and this appeal is presented on the judgment-roll. He also appeals from an order denying plaintiff’s motion to substitute other findings of fact for the findings of fact signed by the court, and from an order denying plaintiff’s motion to vacate and set aside the judgment and enter another and different judgment. The appeals from these orders are presented upon “bills of exceptions” duly certified, which set forth the papers used on the hearings in the court below.
As the court would have no authority to change its findings of fact after the entry of judgment, the appeal from the order denying the motion for substituted findings of fact cannot be sustained.
By virtue of a writ of attachment issued out of a justice’s court of Los Angeles Township in an action of one Wilson v. Karl Brehme and Mae E. Brehme, an automobile was attached as property of the defendants Brehme. The attachment was made by Charles R. Thomas, township constable, defendant in the present action, and this action is brought against Thomas and the sureties on his official bond by the plaintiff C. A. Bunnell as a third party claiming to be the owner of said automobile.…