McCarthy v. Hetzner

This was an action in replevin, by appellee against appellant, commenced January 7, 1895, in the first instance against Hary Mannix, and afterward, by leave of court, the papers ivere amended so as to add appellant, a constable, who held the property in question under a distress warrant issued by Hary Mannix against Thomas W. Dwyer, her tenant, and on the 15th day of January, 1895, by leave of court, the papers and summons were amended so as to include appellant as defendant.

This is assigned for error, but we think the court bad the power to allow the amendment under the statute and under the…