The practice was formerly to declare in this class of actions in case ; but a decision is recollected by us, that trespass vi et armis was the only proper action, and we must adhere to it. (a)
Judgment arrested.
Coburn vs. Richardson, 16 Mass. Rep. 213. — Pease vs. Whitney, 5 Mass. Rep. 380. — Little vs. Greenleaf & Al. 7 Mass. Rep. 236. — 1 Chitty, 7th ed. 209. — And sec Colman & Al. vs. Anderson, 10 Mass. Rep. 120, n.