
    [657] BRINK against DECKER.
    ON CERTIORARI.
    The action beloAv was an action on the case, and the following state of demand delivered the justice:
    Trespass on the case, for trover and conversion. The plaintiff demands of the defendant, $100 for this, that on the 9th day of February last past, the defendant did take and carry away, two horses, late the property of John B. Drake, and did sell and dispose of [*] them, which two horses, the plaintiff being one of the constables of the township of Wantage, in said county, had made a previous levy, and taken said horses into possession, by virtue of an execution issued out from Eobert Carr, Esq., in favor of Bowdwine Decker and others, to the damage of the plaintiff, &c.
    There was a verdict and judgment below for $35, in favor of the plaintiff.
   Penningtou, J.

The action below Avas an action of trover, brought by Decker, for íavo horses, which he, as constable, under an execution which he had against one John B. Drake, had levied on, and taken into his possession ; and he charges the defendant below, Brink, with taking- and carrying away, and selling and disposing of them, which amounts to a conversion. According to the books, an action of trover can be maintained on the facts disclosed by this state of the case, 6 Bao. 679 ; 1 Mod. SO ; % Sand. ; although goods are taken as a trespass, yet trover may be maintained, Oro.. Car. 89. The only difficulty arising in this case is, that the defendant beloAv, should not haAm been charged with taking and carrying away the horses, but with finding them; but technical formality is not required in justices’ courts. If the record discloses facts, which if properly declared on, will entitle the plaintiff to recover on the action he brings, the court will support it. I am, therefore, in favor of affirmance.

Anderson, for plaintiff.

The other judges concurred.

Judgment affirmed.  