15 Johns. 431
N.Y. Sup. Ct.1818In giving “judgment according as the very right of the case shall appear, without regarding any imperfection, omission, or defect in the proceedings, in mere matters of form,” we are authorised to disregard the mistake in the title of the statute, under which the justice acted.
As to the second objection, it is well settled, that a tortious taking is, in itself, a conversion, and no subsequent demand is necessary.
Judgment affirmed.