Lothrop

Action for the conversion of certain 585 sacks of barley, and for damages. A fourth amended complaint alleges the malicious, forcible and unlawful taking from plaintiff by defendants, and the conversion of certain 1,388 sacks of whole barley about July 26, 1894, of which plaintiff recovered 803 sacks before this action was commenced. Damage is claimed of $600 and interest for the value of 585 sacks of barley not recovered, “and one hundred dollars damages by reason of the malicious, forcible, oppressive, and unlawful acts of defendants towards plaintiff. ” It is alleged that ‘1 plaintiff has been damaged in time and money properly expended in the pursuit of said eight hundred and three sacks of barley, in the sum of two hundred dollars.” It is also alleged that plaintiff has been damaged, in time and money properly expended in the pursuit of said 585 sacks of barley, in the sum of $100. The prayer is for judgment against defendants for the sum of $1,000, and for costs of suit. The complaint is verified. Defendants demurred on several grounds: (1) Insufficiency of facts; *286 (2) several causes of action improperly united; (3) uncertainty and ambiguity; (4) misjoinder of parties…