Howe

This action is brought to recover five hundred dollars damages for the unlawful taking and conversion of a stock of liquors, bar fixtures and furniture, the property of one L. Koch, and by him assigned to the plaintiffs herein December 31, 1895. Defendant denied the allegations of the complaint.

For a further answer he justified the taking by showing that he was and is the sheriff of the county of Sacramento; that in an action in which Thomas B. Hall was plaintiff and L. J. Wells was defendant in the justice court of Sacramento township, county of Sacramento, a writ of attachment duly issued and was placed in his hands for execution; that under and by virtue of said writ he, as sheriff, levied upon and took into his possession the property in question as the property of said L. J. Wells, the defendant in said action.

The answer shows that a judgment was subsequently obtained in said action against said Wells, and that an execution issued thereon, under which defendant as such sheriff sold the property.

*39 The cause was tried by the court, and written findings were filed, in which the court found all the allegations of the complaint were true, except that the value of the…