
    William Wade et al. versus Charles Howard et al
    
    In a writ of entry, a plea that in a former writ of entry the tenant recovered judgment for costs, without stating that such judgment was upon the merits, is insufficient.
    
      Sept. 16th.
    
    Writ of entry upon a disseisin done to the father of the demandants. Plea, that the father brought a writ of entry against the tenants for the same land, and that the tenants recovered judgment for costs. To this there was a general de murrer.
    
      J. H. Jlshmun and G. Bliss junior,
    in support of the demurrer, .objected .that the plea did not state that issue had been joined in the former action, or that there had been a judgment upon the merits, and in fact the judgment was upon a nonsuit ; neither is it alleged that the same title was in question.
    
      Lathrop and Willard, contra,
    said that the demandant should nave replied that the judgment was upon a nonsuit.
   But the Court held that the plea was bad.  