Moore

This is an appeal by plaintiff from a judgment in favor of defendants in an action for the alleged conversion of plaintiff’s automobile, the ground of appeal being that the trial court failed to find on a material issue raised by the pleadings.

The complaint alleged that the defendant Roach was the constable of the third judicial township of San Mateo County; that on February 15, 1926, pursuant to a writ of attachment duly issued out of the Justice’s Court in an action brought against plaintiff by the defendant Carli, Roach seized said automobile and retained possession thereof “until on or about the 20th day of September, 1926, when he converted said automobile to the use and benefit of himself and of said defendants John Rogers and Frank Carli, who' ever since said time and still continue to hold and retain said automobile as their own.” The complaint further alleged that plaintiff demanded the return of said automobile, but that such demand was refused, and that by reason of the alleged conversion he has suffered damage in the sum of $700.

The answer consisted of a general denial, verification being waived. The action was tried by the court sitting without a jury, and the…