
    Burbanks v. Lee.
    
      Indebitatus assumpsit will not lie to recover back money, paid upon a judgment grounded on tbe confession of tbe party.
    EbROR to reverse a judgment of Justice Eoot in an action-of indebitatus assumpsit, Lee v. Burbanks; declaring, that trusting to the cast of said Burbanks, he confessed judgment before Justice Cady on a note for £4 16s., when £3 only was due thereon, which he had been obliged to pay.
    To which action a plea in abatement was given — 1st. That said Justice Eoot could not take cognizance nor inquire into Justice Cady’s judgment to reverse or alter it; said plea was judged insufficient. The defendant then demurred to the declaration; and the justice gave judgment, that the defendant’s plea was insufficient and for the plaintiff to recover £1 16s.
    Errors assigned — 1st. That said declaration was insufficient. 2d. That said justice had not 'answered the issue put to him.
   Judgment — Manifest error, both as to substance and form. Indebitatus assumpsit will not lie to recover money back which has been paid upon a judgment by the confession of the plaintiff.  