Zumwalt

Action for damages for trespasses alleged to have been committed on the lands described in the complaint, by defendant, who it is alleged wrongfully and unlawfully, and without plaintiffs’ consent, entered thereon the large bands of sheep, and trod down and depastured all of said lands and all the grass and herbage that grew thereon during the years 1888 and 1889, and otherwise injured the same, to the great detriment of plaintiffs, and to their damage in the sum of $910.

*157 The complaint further alleges plaintiffs’ title and possession and right of possession to the lands therein described.

The answer specifically denies the material allegations of the complaint, and avers that in the summer season of 1889 defendant’s sheep were for a short time “camped on a portion of said lands known as the ‘Horse Corral meadow,’ but the feed and grass had all been eaten off by the sheep of other parties, and defendant’s sheep did not do any damage whatever to said land in camping thereon.”

The case was tried by the court without a jury, and judgment rendered in favor of plaintiffs for the sum of $305, from which judgment and the order denying his motion for a new trial this appeal is…