McCABE, J. pro tem.
By his complaint setting forth a common count for money had and received, plaintiff seeks to recover $3,707.67. He recovered judgment in the sum of $838.67. From this judgment, plaintiff appeals.
For some period of time prior to April 19, 1958, the Oakland Police Department, suspecting gambling activities, had kept watch over the premises of the Ying On Association. On April 19, 1958, and using a search warrant...
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