Bacigalupi

This is an appeal from a judgment in favor of the plaintiffs Louie, John and Ernest Bacigalupi, for the sum of $750 as damages for the dismantling, removal and conversion of certain mining machinery, fixtures and improvements. The judgment was rendered against the defendants Western Machinery Company, H. & H. Mining Corporation, Sam Hamilton and H. Hollanby. No judgment was entered against the defendant Jno. L. Witney Company. Prom the judgment which was rendered against them, the defendants Western Machinery Company and Sam Hamilton, only, have appealed.

The appellants contend that the machinery in question was removed from the mine by the lessee thereof pursuant to the terms of the lease which authorized its removal at the termination thereof, and that the respondents therefore had no title to said property; that the machinery, for the conversion of which the judgment was rendered, includes the value of one electric motor, the title to which is conceded to be in a stranger to this action. It is also asserted the court erred in its construction of the document upon which the title to the machinery in question depends, and that the findings and judgment are not supported by the…