By the Court,
Savage Ch. J.The writin this case is for the taking and unjust detention of a horse; manifestly a cause of action different and distinct from a mere detention. The remedy by replevin is given in both cases, but the form of the writ and of the declaration are different, according to the nature of the cause of action; and it cannot be permitted that where the writ is for one cause of action the plaintiff shall declare for another. The motion must be granted, with costs. Pardee and