Davis

This action was brought by E. C. Vancil against the defendants, McNear, and E. W. *607 Pierce and L. H. Day, to recover the value of certain wheat alleged to have been the property of Vancil and to have been wrongfully converted by said defendants. A certain corporation, called the Farmers’ Co-operative Union, was also made a defendant; but as to it the action was dismissed. The jury found a verdict in favor of plaintiff for two thousand four hundred and sixty-four dollars and forty-eight cents, against Pierce and Day; but they found in favor of defendant, McNear. Plaintiff appeals from an order denying a motion for a new trial.

There is a good deal of testimony in the record, and it appears in a disjointed way, so that it is rather hard to follow. Witnesses were frequently recalled; the testimony of one witness was frequently interrupted by the interjection into it of the testimony of another; and the evidence of each party was introduced at several different times during the trial. -Respondents have filed no points or brief, and therefore give us no aid in examining the tangled mass. But upon examination of the record we see no reason for granting a new trial.

Defendants…