
    BROUSSART vs. TRAHAN & AL.
    If plea be overruled, no trial can be had, till answer filed.
    The petition stated that the plaintiff bought a tract of land, from the defendants' ancestor, and that they had dispossessed him. He claimed a retoration nof the land on damages.
    The defendants pleaded that they were not bound to answer, because the matter bad been settled in a suit, determined in New-Orleans at a former term.
    Porter, for the plaintiffs.
    The cause ought to be tried: nothing remains but to assess the damages.
    Lewis, for the defendants.
    The plea having been overruled, the suit remains to be tried on the merits. It cannot be tried without an issue be ~rnade up, and that cannot be done without an a swrer.
   The Court,

Mathew, J.

alone, had overruled the plea and ordered the caus~e to be continued.

The cause being called, it appeared there was no answer filed.

Tue Court being of that opinion, the plaintiff's counsel entered judgment by default; the pica having been overruled upwards of one year.  