Krum v. King

Appeal from the Eleventh District, County of Placer.

This was an action brought by the plaintiff for services rendered the defendant, in taking charge of certain property seized by the defendant, as Sheriff of Placer county, under a writ of attachment.

One Stewart, a deputy of the defendant in the office of Sheriff of - Placer county, had in his hands a writ of attachment issued by the District Court of Placer county, and, by virtue of its commands, he seized certain real and personal property, and then and there made a contract with the plaintiff to take charge of the property, and safely keep ■ the same for the defendant. Plaintiff was to receive for such services, at the rate of four dollars per day. He kept the charge of the property for some time, and until discharged by defendant. Defendant declined to pay plaintiff for such service, and he brought this action to recover the amount. On the trial, there was no evidence produced on the part of the plaintiff, showing any authority on the part of Stewart, the deputy, to bind his principal in such contract. Plaintiff had judgment in the Court below, and defendant appealed to this Court.