Bentinck

On the nineteenth day of September, 1927, the plaintiff and appellant herein, Bentinck, was sued in the justice’s court of Palo Alto township, Santa Clara County, and on the same day a writ of attachment was issued out of said justice’s court and was subsequently placed in the hands of the defendant and respondent herein, M. E. Menotti, who at the time was constable of Sausalito township, in the county of Marin, and thereafter, on the twenty-sixth day of September, 1927, Menotti, as such constable, attached at Sausalito a certain automobile belonging to appellant, Bentinck.

The defendant, Menotti, ,as constable of Sausalito township, Marin County, after making the attachment above stated, made his return upon the writ and gave it to a clerk in the law office of the plaintiff’s attorney in the justice’s court action in Palo Alto, with directions to forward the same to the justice’s court at Palo Alto for filing. The said writ was filed in the justice’s court of Palo Alto on the twenty-fourth day of October, 1927.

On the eleventh day of October, 1927, the plaintiff and appellant herein, Bentinck, defendant in the justice’s court action at Palo Alto, through Ms attorney, gave…