
    WOODRUFF against CLARK.
    ON OEETIOEAEI.
    The action below was an action on the case, for taking and impounding the cattle of the plaintiff below, Clark.
    
      8. 8cudder
    
    moved the reversal of the judgment, on the ground that the action ought to have been in action of trespass, and not case ; and cited Oowp.
    
   By the Court.

We think, by the state of the case, trespass was the proper action; but the distinction between trespass and case, is in many cases so nice, that it only serves to perplex suitors in justices’ courts; and that under the late act of Assembly, we are justified in not reversing for this cause. It must, however, be observed, that the court mean to preserve the distinction between torts and contracts.

Judgment affirmed.

See Supra, Justices Ct, Cited in Dilts v. Kinney, 3 Gr. 130.  