Wentworth v. Barnum

Per Curiam.

The plaintiff; by his replication, admitted the truth of the plea of a prior suit commenced against him by the defendant, which, according to the settled construction of the sta~ tute, is a good and sufficient bar to the action; and whether such suit be by warrant or summons, can make no difference. (1 Johns. Rep. 283.) The judgment must be reversed.

Judgment reversed.