Emigh

The plaintiff commenced an action in claim and delivery against the defendant. The defendant answered and a trial was had before the court sitting without a jury. The trial court made findings in favor of the defendant and the plaintiff has appealed under section 953a of the Code of Civil Procedure.

On the morning of the tenth day of August, 1923, the plaintiff took his automobile to the defendant’s garage and left it there for the purpose of having some minor repairs made. He testified that during the afternoon of that day he called for his car and was told that the work was not completed. During the night intervening between August 10th and August 11th the garage was burglarized and the car was stolen. On the eleventh day of August the plaintiff was promptly informed that the car had been stolen and the circumstances surrounding the theft. The other facts will appear as we proceed.

The trial court, over the objection of the appellant, received in evidence the correspondence that had passed between the peace officers in locating the automobile after it had been stolen. The appellant earnestly contends that the ruling was error. Conceding that it was, the error was without…