Lazarus

This is an action to recover damages for the alleged conversion of certain personal property of which plaintiff alleges that on September 11, 1913, and for a long time prior thereto she was the owner; that on said mentioned day defendant Byrnes, as sheriff of said county, “wrongfully took and carried away and converted and disposed of said personal property, under the purported authority of a writ of execution”; “that the aforesaid purported writ of execution was not directed against this plaintiff or any property, real or personal, of this plaintiff”; that this plaintiff “is a stranger and not a party to the suit wherein said purported writ of execution was issued”; that said Byrnes, as said sheriff, was without authority to seize, take, or sell said personal property; that by reason of said act plaintiff has been damaged, etc. By proper averments the said sheriff’s bondsmen are made parties defendant.

A general and special demurrer was overruled and defendants answered: Alleged that on November 4, 1910, a judgment was duly given and made in the justice’s court of Big River Township, county of Mendocino, whereby it was adjudged that certain named persons, plaintiffs in the…