McNabb

This is an action brought by plaintiffs and appellants herein, who are husband and wife, against R. R. Byrnes, as Sheriff of Mendocino County, and W. P. Kemppe, to recover $2,275 as actual damages and $2,500 exemplary damages, alleged to have been sustained by appellants by reason of the alleged wrongful and illegal levy of a certain writ of attachment issued out of the superior court of Mendocino County on October 24, 1924, in an action entitled W. F. Kemppe v. J. D. McNabb and J. G. McNabb, and the seizure and detention under said writ of a certain growing crop of potatoes in and upon the land claimed as a homestead by appellants. By reason of such alleged homestead it is asserted that the said crop was and is exempt from such levy, seizure,' and detention. A second amended complaint was filed on October 3, 1925. The defendant Kemppe interposed a general and special demurrer thereto, while the defendant Byrnes filed only a general demurrer. Bach of the demurrers was sustained by the court by its order of October 30, 1925, and notice thereof waived in open court, plaintiffs being granted ten days in which to amend, if so advised. Plaintiffs, failing to file an amended complaint…