
    [*] BROADWELL against CONGAR.
    ON CEETIOEARI.
    Tort and contract cannot be joined.
    This was an action of debt, brought by the defendant in this court, against the plaintiff. The account rendered by Congar to the justice, contained sundry items, arising on simple contract, the proper subject of a book account; to which was added a charge — Eor [101] taking 200 rails from his fence, 41.10s. The objection raised to the proceedings and judgment below, was, that it evidently appeared that demands arising on contract, and a demand for injury by reason of a trespass, was joined in one action; and the court being of that opinion, reversed the judgment.
   Cited in Krumeick v. Krumeick, 2 Gr. 39.  