Perry

It appears from the findings that there was due to the plaintiff, as the proprietor of a livery-stable, two hundred and ninety-one dollars and twenty-five cents, for the care, keeping, and feed of the horses, and for the safe-keeping of the other property mentioned in the complaint, under contract with Dunbar, the owner of all of sa,id property; that while he was in possession of, and keeping and taking care of the property, the defendant took the same from the possession of the plaintiff, and that the plaintiff notified the defendant of this lien upon the property, for the said indebtedness of Dunbar. The defendant justifies under an attachment, issued to him as a constable, in an action instituted by McCloud against Dunbar before a Justice of the Peace, and a judgment rendered by such Justice of the Peace in said action against Dunbar, and an execution issued upon the judgment.

If the plaintiff held a lien upon the property as the proprietor of a livery stable, the defendant was not justified in taking the property from his possession. (Treadwell v. Davis, 34 Cal. 601 .) The Act of April 4th, 1870, (Statutes 1869-70, p. 723) gives to the “ proprietors of stables and ranches or…