Buell

This is an action of ejectment to recover possession of a tract of land situate and being in the county of Santa Barbara; damages for the detention thereof and for the value of the rents and profits.

Plaintiff had judgment for possession of the land and four hundred dollars damages. Defendant appeals from the judgment.

The only error assigned is based upon the refusal of the court pending the trial to permit defendant to file an amendment to his answer. The complaint is in the ordinary form of ejectment, and the answer consisted in denials of the allegations of the said complaint.

At the trial, and after plaintiffs had rested their case, defendant sought to prove that plaintiffs’ cattle had ranged and pastured upon his, the said defendant’s, land. Upon an objection being sustained to this and similar evidence, defendant presented and asked to be permitted to file an amendment to his answer, which amendment, omitting the title and merely formal part, is as follows:

Plaintiffs’ counsel objected to the amendment, and the objection was sustained; to which ruling defendant, by his counsel, excepted.

Waiving the fact that this was a jury trial, that the .amendment came after the…