
    JOHNSON against EMMONS.
    ON CERTIORARI.
    The action before the justice was brought by Emmons, against William Johnson, son of William, for four penalties for selling spirituous liquors without license. On the trial the defendant produced a record of Justice Cooper, of an action brought by Emmons against [*] William Johnson and son, as he alleged, for the same penalties, in which action the jury had found no cause of action. The defendant also produced a record of a judgment confessed before Justice Herbert, by William Johnson and son, to Matthew Perine, as he alleged, for the same penalties, and a receipt of Perine for the sum recovered; but the justice rejected these records, on the ground that those actions were against William Johnson and Son, and not against William Johnson, son of William.
   By the Court.

The justice did right; the one judgment set up as. a former acquittal; and the other as a former recovery, were not in the same right.

Judgment affirmed.  