Banning

This is an action to recover the possession of certain personal property consisting mostly of livestock which was on a ranch owned by the plaintiff. The jury found, for plaintiff, and defendant appeals from the judgment and from an order denying a new trial.

The defendant was a constable, and claimed the property under certain writs of attachment in favor of W. H. Harbell and P. Hardy against one Joseph Hannon—defendant claiming that the property in question was the property of said Hahnom The nature of the case, the principal facts in it, and some of thd principles of law which should govern it, may be found in the opinion of this court delivered when the case was here upon a *242 former appeal (Banning v. Marleau, 101 Cal. 238 ), and it is not necessary to restate them. The appellant contends for reversal on the ground that the court committed errors in instructing the jury, and in ruling upon the admissibility of evidence.

- We do not think that the court committed any errors in instructing the jury. The instructions given on the part of the plaintiff were correct; and these instructions, together with those given at the request of appellant, presented the main features of…