Hart

1. In its original form, this was an action in the nature of replevin to recover possession of one hundred and forty-six head of swine alleged to be the property of plaintiff and wrongfully taken and withheld by defendant. In his answer defendant justified the taking in his capacity of township constable under a writ of attachment issued in a certain suit against one W. M. Ham; he alleged that the hogs were the property of said Ham, and also that before the commencement of this action he had sold them under execution to satisfy the judgment obtained in said suit against Ham, and delivered possession thereof to the purchaser. At the trial, the defendant’s averments concerning the sale of the animals under process, and that he had not possession thereof at the commencement of this action, were established by proof. After the evidence was closed, but before the final submission of the case, by leave of the court granted over defendant’s objection, plaintiff amended her complaint so as to transform the action virtually into one of trover, charging defendant with converting the property, and claiming damages accordingly. On defendant’s request, it was ordered that the answer to the…