Hull

Respondent filed an action in the lower court against appellants wherein the complaint was denominated “Complaint for Trespass and Damage”. He alleged actual and peaceable possession and right to posses-session of certain real property, and ownership and possession of certain personal property located thereon, of a certain value, with which he was operating on said real property a licensed game as a business, the good will of which was of a certain value; that on March 29, 1931, appellants entered upon said real property without the consent of respondent and forcibly broke down the wall inclosing the building thereon containing said personal property, took possession of said personal property and carried it out of said building and “thereby converted the same to the use of defendants, and since said time plaintiff has not had the use or possession of said property or any part thereof”; that by reason of said acts respondent’s business and good will were “wholly broken up and destroyed, and no less than $5,990.98 will compensate plaintiff for the detriment approximately (sic) caused by such acts.” The prayer is for judgment for the amount above stated.

Appellants in their answer…