Barnhart

— This is an action brought by plaintiff against the defendants to recover the possession of 4,255 bags of wheat, alleged to have been wrongfully and unlawfully taken by the defendants from the possession of plaintiff, or for the sum of $8,260, the alleged value thereof, in case delivery cannot be had, and for the further sum of $2,000 as damages for the detention thereof.

The answer specifically denies the material allegations of the complaint, and justifies under writs of attachment and execution.

*159 Plaintiff demurred, generally, to the answer, and separately, upon the same ground, to that part of it setting up matter by way of an affirmative defense. The demurrer was overruled, and the case tried by the court without a jury, and judgment rendered in favor of plaintiff in the sum of $2,540 and costs. This appeal is taken by plaintiff, on the judgment roll alone, from that part of the judgment which denies to him a portion of the relief claimed and demanded by him in this action.

The case has been here before on appeal, and is reported in 73 California, 526. All the questions necessary to the decision of the case were there decided, and are now the law of the case, with the…