Per Curiam :
This was an appeal from the judgment of a justice of the peace. The declaration was in assumpsit in the common counts, with a special count — informally drawn — upon the warranty of a horse. It is not pretended there was any express warranty, but the plaintiff relied upon a representation alleged to be false and fraudulent. For that the proper action would be case for deceit, of which the justice had no jurisdiction. Judgment affirmed.