Yuen

This is an action against McMann, as sheriff, and his co-defendants as sureties, upon his official bond, to recover possession of certain personal property taken by him as such sheriff under a writ of possession issued upon a judgment obtained by one Lee Chuck v. Quan Wo Chong Co., in an action of unlawful detainer, and by which writ the said defendant was commanded to place the plaintiff in that action in possession of the premises described therein, and to make out of the personal property of plaintiff’s assignors the amount of damages recovered by the judgment upon which the writ was issued. The plaintiff brought this action as the assignee of Q,uan Wo Chong Company, and recovered judgment for the return of the property, or its value, five thousand dollars, and for the further sum of one thousand dollars damages for its detention, and for interest and costs of suit. The defendants appeal.

1. The motion to dismiss the action, as to the sureties, was properly denied. They were not improperly joined with their *499 co-defendant, McMann, as defendants in the action as claimed by them, and, if they were, the objection was waived by the failure to demur to the complaint upon this…