Sugru

The defendant’s demurrer to the complaint was sustained and on plaintiff’s failure to amend the action was dismissed. From the judgment of dismissal the plaintiff appeals.

The complaint alleges that the plaintiff was the owner, on a certain date, of a horse, harness, bridle, halter, buggy robe, whip, and a cow; that the defendant w£s at that time in the wrongful possession of said property; that plaintiff demanded the return thereof but that defendant refused; that plaintiff then sued the defendant in the justice’s court and was “awarded the right of possession”; that defendant took an appeal to the superior court and thus “willfully, and maliciously and intentionally forced upon the plaintiff a great expenditure of money, loss of valuable time, annoyance, and distress of mind”; that the superior court gave judgment in favor of plaintiff for the return of the property or the value thereof in the sum of $224; that the defendant failed to comply with the judgment “but on the contrary turned the dark brown saddle horse out to wander away, starve, and die of thirst, among the hills. . . . The dark brown saddle horfee being a pet of the plaintiff for which she had that affection for,…