
    BISHOP against JONES.
    ON GERTIORARI.
    Jones sued Bishop before the justice, in an action of trespass, for taking away four loads of hay, and 50 watermelons; but in the state of demand, he had charged Bishop with one day’s mowing and cocking hay, and with the hire of a boat; and there was a verdict for the plaintiff below.
    
      Elmer, for plaintiff.
   By the Court.

This is an action of trespass, in which is demanded, besides- damage for the trespass, wages for work and labor, and also hire of a boat. Tort and contract are clearly put into one action. This is repugnant to settled rales of law.

J udgment reversed.  