Irilarry

From the admitted facts in this ease it appears that on and prior to May 3, 1918, the respondent James C. Byers was sheriff of San Diego County, and that one James Kennedy was a contractor engaged in the construction of the then uncompleted Otay dam across a certain gorge, in said county; that Kennedy was in possession of, and owned an interest in, a large quantity of machinery, tools, implements, and paraphernalia, including one Marion steam shovel, Model 36, which were used in such construction work. On May 3, 1918, a writ of attachment issued out of the superior court of Los Angeles County in an action pending therein entitled P. R. Williams versus Kennedy and another, which writ was delivered to the respondent sheriff on May 4, 1918, and was levied upon all of the above-mentioned property on May 6, 1918. On the date last mentioned, but following the levy of the Williams attachment, the same officer levied upon said property a writ of attachment issued out of the superior court of the city and county of San Francisco, which latter writ was not received by the sheriff until the date of levy. The suit last mentioned was entitled Prosper Wolf v. James Kennedy. It was stipulated by…