Davis

This is an appeal from a judgment in plaintiff’s favor in an action for damages for the alleged trespass of the defendant’s cattle upon the lands of the plaintiff and another, and the consequent depasturing of the same. The complaint contains two causes of action, one relating to the depasturing of the plaintiff’s own lands, and one relating to the depasturing of t'he lands of another who assigned his cause of action to the plaintiff. The defense consists in a denial of the allegations of both counts of the complaint. The evidence educed upon the trial showed that the parties to the action were neighbors living in the eastern foothills of Fresno County, and owning tracts of land of considerable acreage in propinquity to each other. With the exception of about three hundred acres, the lands of the plaintiff and his assignor were uninclosed, and the defendant pastured his stock repeatedly upon these uninelosed lands after warning to desist from so doing. The trial court rendered judgment in the plaintiff’s favor for the damages in the sum of $1,003.35, with costs of suit.

The only two points urged by the appellant upon this appeal are, first, that no recovery can be had for the…