Sinsheimer

Replevin for two hundred and seventeen sacks of beans. Defendant Whitely is constable of a certain township in San Luis Obispo county, and as such levied on the beans as the property of one Costa in virtue of a writ of attachment to him issued out of the justice’s court of said township at the suit of one Lial against said Costa. At the time of the levy the *379 beans were stored in a warehouse at Pismo, in said county, owned by the Jordan Bituminous Rock and Paving Company, a corporation, which is joined with the constable as a defendant in this action. In November, 1893, said Costa, who was then the owner of the beans, caused them to be weighed at said warehouse aud deposited therein, receiving from said paving company at that time five certain instruments, which plaintiffs style “warehouse receipts,” and which defendants call “ weighing tags”; these were in the following form, varying as to the number of sacks specified: “Jordan Bit. Rock and Pav. Co.’s scales, Pismo, Cal., 11-2, 1893. Weighed for F. J. Silva. Gross, 5,080. Tare, 1,570. 40 sks. beans. Net wt. 3,510. Marked F. J. S. A. Klatt, weigher.” They were issued at Costa’s request in the name of one F. J. Silva, with…