Filarski

This action was brought by the plaintiff against the defendant C. H. Covey, as deputy sheriff, W. J. Hime, as sheriff of the county of Kings, state of California, and Maryland .Casualty Company, a corpora tion, as surety on the official. bond of W. J. Hime, as sheriff, for the purpose of recovering damages, in the sum of ten thousand dollars for the death of a minor son of the plaintiff, alleged to have been caused by the negligence of C. H. Covey, as deputy sheriff. The trial court sustained the demurrer of the defendants Hime and Maryland Casualty Company to plaintiff’s amended complaint without leave to amend and sustained the demurrer of the defendant C. H. Covey to said complaint, with leave to plaintiff to amend within ten days, which plaintiff declined to do. Judgment was entered in favor of the defendants and from this judgment the plaintiff appeals.

The second amended complaint, after setting forth certain preliminary matters, alleged in paragraphs VI and VIII thereof, as follows:

VI. “That on the 8th day of October, 1923, defendant C. H. Covey, while acting in his official capacity as deputy sheriff, had in his possession a certain automobile which was then under his…