Guthrie

In this action the plaintiff recovered a judgment against the defendant in the sum of $600, as damages for the alleged conversion of personal property which the defendant, as constable of Santa Cruz township, took into his possession and sold at public auction under and by virtue of a writ of execution issued out of the justice’s court of said township, in an action therein pending wherein G. A. Deiter was plaintiff and the firm of Hedgpeth Bros, was defendant.

The present case was tried by the court with a jury, and verdict rendered in favor of the plaintiff.

From the judgment entered thereon, and from an order denying a new trial, the defendant has appealed upon the judgment-roll and a statement of the case, which purports to contain all of the evidence and proceedings had and taken upon the trial in the lower court.

The plaintiff’s complaint is in the usual and ordinary form of actions in conversion. Defendant’s answer denied plaintiff’s ownership of the property claimed to have been converted, and alleged ownership in the copartnership consisting of M. Hedgpeth and N. Hedgpeth. As a further defense to the action defendant pleaded that, with intent to cheat and defraud one…