Tucker

Plaintiff brings the action in claim and delivery. In his amended complaint he alleges that defendant is the duly elected, qualified, and acting constable of Sacramento Township, Sacramento County, and that, on the twentieth day of July, 1917, as such constable, defendant wrongfully took possession of a certain automobile under a writ of attachment, in a certain action, pending in said township, wherein Vina Hall is plaintiff and P. A. Smitteamp and Sadie M. Smitteamp are defendants; that, on July 21, 1917, plaintiff “made a verified demand upon said constable for the release of said automobile from the lien of said attachment, and of the said automobile so attached aforesaid by defendant, but defendant then and there failed, refused, and neglected and ever since has failed, refused, and neg leeted to release said attachment, or said automobile, and the possession of said automobile is wrongfully held by said defendant”; that plaintiff at all the-times mentioned in said complaint has been, and still is, the owner and entitled to the possession of said automobile; that the value of said automobile is $650, and that “plaintiff purchased said automobile from Sadie N. Smittcamp and…