Mohn

Action to recover damages for a trespass alleged to have been committed by the defendant by wrongfully taking and removing from plaintiff’s .house the furniture of the plaintiff and all of his personal property therein. From the ¡judgment entered in favor of the defendant, the plaintiff appeals.

[1] The court found that it was not true that the defendant wrongfully or at all removed from the plaintiff’s house and domicile plaintiff’s goods and chattels contained therein. It is shown by undisputed evidence that on the fourth day of February, 1918, and for several years prior thereto, the plaintiff had resided with his wife in a house rented by him and known as “North House” on the “Point Loma Homestead Grounds,” in the city of San Diego; that in the latter part of the year 1917, and thereafter, there were domestic difficulties between .the plaintiff and Mrs. Mohn, and that the defendant, as an attorney at law, was from time to time consulted by Mrs. Mohn concerning her troubles with her husband; that on the fourth day of February, 1918, the plaintiff on going away from home, told his wife that he would be absent four or five days; that within the following week she received from…