Conley

Appeal from a judgment for defendant, after a demurrer had been sustained to the plaintiff’s amended complaint.

The complaint states that in August, 1897, plaintiff duly recovered a judgment in the superior court of San Joaquin County against one Carlisle for the sum of $896 and costs, and thereupon execution was issued directed to the sheriff of Kern County, who served a notice of garnishment upon this defendant, whereby all goods, moneys, and credits in the hands of, or under the control of, defendant were garnished. Defendant answered in writing, admitting the fact that he had been garnished, “covering moneys and credits due from me to J. H. Carlisle, on account of wheat crop on lands in Tulare County. It is impossible at this time to make a detailed statement of the exact condition of matters between myself and Carlisle.”

The sheriff of Kern County returned the writ of execution with the written statement of defendant annexed thereto. Mo writ of execution was issued to the sheriff of San Joaquin -County.

iThe complaint alleges that at the time the said writ was served on defendant he had in his possession three hundred and eighty tons of wheat belonging to Carlisle, pledged…