case BOURDEN against alloway Qure whether a action on the case or trespass way  et arms must lie for cause a person to be arrest and carry to prison without  cause Mr eyres move in arrest of judgement in a action on the case for cause  he to be arrest and carry to prison without a cause the exception be that this  ought to have be trespass and not case that a man can change the nature of the  action by lie it with a per quod a Leveridge v Hoskins post Savignac v room  term Rep Courtney v collet ld ray a Wynn sergeant contra a justice of peace  have power by warrant to arrest a man and if he do it wrongful this action lie  against he who malicious cause this to be do Mr Bains take the difference  between a action of trespass and on the case he say he have hear from this  court that there be but little difference between the one and the other and  that almost all trespass may be turn into action on the case at the plaintiff  election but the true difference be this trespass be where there be a  immediate injury case where the injury be collateral a Reynolds v clarke stram  S c Mod S c fort Scott v shepherd will Bl Rep Shapcot v Mugford ld ray Haywood  v bank burr Hawker v Birbeck burr gate v Bailey will Morgan v Hugh term Rep  day v Edward term Rep Savignac v room term Rep a Mr eyres it do not appear  that he be arrest by any authority and so it be a plain trespass Pengelly say  that where the damage be immediate yet the consequential damage thereon will  not alter it from a action of trespass to a action on the case Powell justice  we must keep up the difference of action and it will be hard to maintain this  but if a man by be imprison shall have a special damage as forfeit a  recognizance or that he can not appear at such a day per quod be be damnified  c there it must be case powys justice be of the same opinion gold justice this  be couple modern report with special matter and it be lie to be do malicious  therefore a action on the case lie Pengelly you may as well say a man may  malicious assault and will and therefore a action on the case lie Adjournatur