Mutch

In an action in which the defendant Long Beach Improvement Company was plaintiff and John B. Mutch, the husband of plaintiff in this action, was defendant, the sheriff of the county of Los Angeles levied an attachment upon an automobile as the property of said John B. Mutch. The property was taken on attachment on Feb ruary 19, 1916. Subsequently the plaintiff here claimed to be the owner of the automobile, and made demand upon the defendant Long Beach Improvement Company for its possession. She made no third party affidavit of ownership nor demand upon the sheriff, under section 689 of the Code of Civil Procedure, until October 16, 1916, more than eight months after the levy. On November 26, 1916, this action of claim and delivery was brought to recover possession of the automobile and damages for its detention. During the pendency of the .suit the automobile was delivered to the plaintiff, and thereafter judgment was given determining the question of ownership in plaintiff’s favor and awarding her damages for the taking and detention in the sum of $1,500.65 against both defendants.

[1] The defendants appeal from the judgment on the judgment-roll and a bill of exceptions. The…