Wigmore

Appeal from an order refusing to dissolve an attachment issued in favor of plaintiff in an action brought under the act entitled, “An act concerning trespassing animals upon private lands in certain counties of the state of California,” approved March 7, 1878. (Stats. 1878, p. 176.) The appeal is here by bill of exceptions, which contains the complaint, writ of attachment, undertaking on attachment, motion to dissolve attachment, order of refusal, and notice of appeal.

The complaint avers that plaintiff is the owner and was in the lawful possession of certain land in Santa Barbara county; that defendant is the owner of certain livestock (describing it); that prior to November 24, 1895, said animals, -without plaintiff’s consent, entered and trespassed upon the said lands of plaintiff, to his injury in the sum of five hundred dollars; that the value of said animals is two thousand five hundred dollars; that pursuant to the act above referred to plaintiff “did distrain and take into his possession said trespassing animals and has kept the same since November 24, 1895. And in pursuance of said act plaintiff has now sought legal proceedings under said act to recover damages,” et…