Mortimer

This action was brought to recover of the .defendants damages for their having caused the personal property of the plaintiff to be seized in attachment in an action in the state of Oregon, brought against the plaintiff’s husband, J. D. Mortimer, by the defendants, and for their having caused the same to be sold under execution, bought in by a third party, and wholly lost to the plaintiff, and thereby converted wrongfully to the use of defendants.

It is alleged that the value of the property thus converted was two thousand dollars, and that the plaintiff spent three months of time and five hundred dollars in pursuit of the property.

Judgment was prayed for two thousand dollars, and interest from the date of the alleged conversion, April 8, 1884, and for the further sum of one thousand dollars and costs.

The cause was tried before a jury, who rendered a verdict in favor of the plaintiff for the sum of $2,612.50, upon which judgment was duly given and made. A motion for a new trial being made, the trial court was of opinion that the verdict was excessive, and that the same should be reduced to the sum of two thousand dollars, and accordingly directed that unless the plaintiff…