Full text
David Agry versus Eli Young and Others
Per Curiam.
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.
Footnotes
[(a)] 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.