Avakian

Action to recover damages for a trespass ' committed by defendants in seizing and carrying away from plaintiffs’ possession a quantity of raisins. The substantive averments of the complaint are that while plaintiff was the owner and in possession, and entitled to possession, of a certain lot of raisins of the value of three hundred dollars, the defendants “unlawfully, oppressively, and with force and arms,” took and carried them away, to plaintiff’s damage in the sum of two thousand three hundred dollars.

The verdict was for plaintiff for the sum of five hundred and twenty-five dollars; and from a judgment entered thereon, and an order denying them a new trial, defendants appeal.

1. The first point made is, that the verdict was in excess of what plaintiff was entitled to recover under his complaint; that, being for a sum above the value of the raisins, as alleged, it is manifest that the jury, in addition to the actual damage suffered, awarded something by way of smart money or punitive damages for the wrong committed, while the facts stated do not authorize an award of punitive or exemplary damages.

It is quite obvious from the averments of the complaint that the purpose of…