Gaty, McCune & Co. v. Babers

The opinion of the Court was delivered by

Bermudez, C. J.

The plaintiffs allege that the defendant has taken possession of and carried away certain machinery belonging to them, and has disposed of, or made way with the same, and that said machinery was worth two thousand five hundred dollars, $2500, which they claim from him. To this demand a general' denial was filed.

The case proceeded to trial, pending which, the defendant pleaded ’ the prescription of one, three, and five years.

The lower court heard the testimony adduced and passed judgment, in the following words :

“ In this case, the court…