
    Merrimack,
    Dec., 1894.
    McConnell v. Flanders.
    Trespass, with a count in trover, for the plaintiff’s crops, attached in a suit against him by the defendant as a deputy sheriff, the greater part of which were destroyed without the defendant’s fault, and the remainder sold by the defendant on the writ. The crops when attached were growing, and were harvested by the defendant at a reasonable expense, which was more than the value of the portion sold. Judgment having been ordered for the defendant, the plaintiff excepted, and moved to amend by inserting a count in assumpsit.
    
      Harry Gr. Sargent, for the plaintiff.
    
      Sylvester Dana and Bingham Mitchell, for the defendant.
   Wallace, J.

Tort cannot be maintained. A, majority of the court are of the opinion that justice does not require the allowance of the amendment.

Exceptions overruled.

Clark, J., did not sit.  