There is no evidence appearing in tbe record in tbis appeal tending to show tbat tbe mule described in tbe complaint is now or was at tbe commencement of tbis action in tbe possession of tbe defendant Henry Brady, as alleged in tbe complaint. For tbat reason, tbe plaintiff is not entitled to recover in tbis action of tbe defendant Henry Brady.

There is no error in tbe judgment dismissing tbe action as to tbe defendant Henry Brady. Tbe judgment is

Affirmed.