Chamon

This action was brought under the statute of the 27th of March, 1868, providing for the compensation of persons whose property may be destroyed by riots and mobs: Stats. 1868, p. 418. The plaintiff laid his damages at twenty-five thousand dollars. The defendant answered as follows:

The pleadings were not verified. At the trial, a jury having been selected and agreed upon, the plaintiff put a witness upon the stand, and asked him what would be the legal interest upon the sum of twenty-four thousand nine hundred and ninety-nine dollars from the date at which the plaintiff had sustained the damages in question, up to the time of the trial. *511 To this question the defendant objected, and the court sustained the objection.

The plaintiff then rested, and thereupon the defendant did likewise.

The plaintiff then asked the court to instruct the jury as follows:

The court refused to give the instruction.

The plaintiff next asked the court to instruct as follows:

The court refused the instruction, and, of its own motion, instructed as follows: “Under the pleadings in this cause, the plaintiff is entitled to a judgment for the sum of two thousand five hundred dollars, and you will…