Swasey

This is an action brought under sections 509 et seq. of the Code of Civil Procedure for the recovery of certain personal property, consisting of the furniture of a lodging-house.

The plaintiff, at the commencement of the action, filed the necessary affidavit and undertaking, and demanded the delivery of the property to him.

The defendants are husband and wife, but they appeared separately in the action, and the husband made no defense. The wife, Mrs. O. Adair, filed an answer, claiming the property as her own, and gave a bond, conditioned as required by law, whereupon the property was redelivered to her. At the trial, she and her husband both failed to appear, and judgment was entered against *204 them jointly for the return of the property, or its value, two thousand five hundred dollars, and for costs. Subse. quently, upon her motion, the judgment against her was set aside, and a new trial granted to her; but apparently the judgment as against her husband was allowed to stand. The case was thereafter tried upon the issues made by her answer to the complaint, and a second and separate judgment rendered against her for the return of the goods, or their value, fixed at two…