
    BATES against ADAMS. [718]
    OH CERTIORARI.
    The action below was an action on the case; but the state of demand set out that the defendant shot the plaintiff with a loaded gun, and put several shot in the body and arms of the plaintiff.
    [†] It was objected to this judgment, that the action was in case, and the state of demand in trespass; vi et armis.
    
   By the Coujrt.

That is not all; it is an action for an assault and battery on the person of the plaintiff below, of which, the justice had no jurisdiction.

Judgment reversed.  