Lerch v. Gallup

Belcher, C. C.

This is an action on a verbal promise to idenmify the plaintiff, who was a constable, for seizing and selling certain personal property under an execution.

The court below sustained a demurrer to the complaint, and the plaintiff declining to amend, judgment was entered in favor of the defendants. The appeal is from that judgment.

The facts of the case, as they appear from the complaint, may he briefly stated as follows:—

In March, 1875, one Ulloa recovered judgment against one Sotcher for fifty dollars and costs in a Justice’s Court iu Stanislaus County. An appeal was taken from…