
    
      No. 2.
    SWIFT against HAMBLIN.
    
      Bennington,
    
    1816.
   ÍN an action of Indebitatus assumpsit, the defendant pleaded a judgment rendered in trover, for the same cause of action, and averred that such proceedings were had therein, that defendant recovered his costs. Held bad on demurrer, for that it. does not appear, by the plea in bar, that the merits were tried.  