Jones

This is an action brought to recover the sum of $939.84, which it is alleged was converted by defendant in his capacity as sheriff of Butte County. After trial by the court, judgment was entered against defendant in the amount named. The appeal is prosecuted from the judgment.

From the undisputed facts it appears that in an action brought in Santa Clara County, entitled “Roberts v. Blanchard”, a judgment was entered on June 18, 1924, against defendant therein, in the sum of $5,117.76. On October 5, 1927, an execution was issued upon said judgment, and sent to defendant herein for service upon M. Ocovich, who was indebted to said Blanchard in an unknown amount. Defendant servéd the writ of execution upon Ocovich on October 7, 1927. No money was collected and the writ was returned unsatisfied. On December 6, 1927, Blanchard obtained judgment against Ocovich in the Superior Court of Butte County, for $939.84. On December 7, 1928, a second execution was issued on the Roberts judgment, and on December 9th, this was served by defendant upon Ocovich, and all money due Blanchard upon said judgment was garnished. On December 7th, Blanchard assigned all his .interest in said judgment to…