Mapes
W. P. Nicholls v. Mapes
Opinion
Lead Opinion
Chipman, J.
This is an action to recover the value of certain six head of cows alleged to have been wrongfully converted by defendant on April 26, 1901, at the county of Lassen. The cause was tried by the court without a jury and plaintiff had judgment for the value of the cattle with interest from the date of conversion, and for twenty-five dollars "as compensation for the time and money expended by plaintiff in the pursuit of the property. ’ ’ Defendant appeals from the judgment on bill of exceptions.
The court found as facts: That plaintiff is a copartnership, doing business as bankers in the town of Dutch Flat, Placer County; that on the date above named “plaintiff was the owner of, and entitled to the possession of the six cows described in the complaint”; and said defendant wrongfully converted- them to his own use; that plaintiff has expended twenty-five dollars in pursuit of said property.
1. Appellant challenges the sufficiency of the evidence to support the finding that plaintiff was the owner of the property, and thus presents the principal question in the case. It appears that the cattle in question were in the possession of one E. H. Hamlin, and were attached at the suit of the…