Shelley

This is an action to recover personal property seized by defendant, the sheriff of San Diego County, under a writ of attachment issued in an action against plaintiff’s assignors. The complaint alleges that plaintiff • is the owner and entitled to the possession of the property. The answer denies this allegation. Whether plaintiff is the owner is the prime question in the case. The court found for plaintiff and entered judgment for him accordingly. Defendant appeals from the judgment and likewise from an order denying his motion for a new trial. The latter order is not appealable, and the appeal therefrom must be dismissed.

The facts necessary to an understanding of the case are substantially these: On and prior to February 4, 1922, plaintiff’s three sons, Louis Shelley, Benjamin Shelley, and Abe Shelley (hereafter referred to as the “Shelley boys”), were copartners doing business in San Diego at a place known as the Army Department Store, where they were engaged in selling merchandise consisting of groceries, tobacco, shoes, sport goods, men’s furnishings, toys, and dry-goods. On the date last mentioned the Shelley boys instituted a voluntary proceeding in bankruptcy in the…