Flanders

It was not the duty of the plaintiff to prove, as part of his case, that defendant did not suffer any damage. It was enough for him to show that the lumber was his, and in the possession of defendant, and that the latter refused to deliver it on demand.

If the defendant had any lien on the property by reason of damages sustained, it was for him to prove the damages.

The claim of the defendant that he was damaged in the sum of $100 did not impose on plaintiff any duty with respect to the selection of appraisers, and this because no intelligible mode is provided by statute for the selection of appraisers.

Section 2390 of the Political Code reads as follows:

This section apparently attempts to give the party first moving’ the power to select his own judges for the determination of the *23 controversy between himself and his less diligent opponent, and seems to make their judgment as to the amount of damages sustained conclusive upon him who has no voice in their appointment.

It is true it is provided that the citizens selected shall be “ disinterested, ” but inasmuch as the most active of the parties is given the exclusive privilege of determining their disinterested character,…