
    Young against Overacker.
    In an action before a justice at the peace, the defendant pleaded a former action between tlie same parties, for the same matter, before another justice, in which a verdict was given for the defendant for ni? costs. In error on certiorari, this wao held to be a good plea in bar.
    From the return to the certiorari in this cause, it appeared, that the defendant in error brought an action of assumpsit against the plaintiffin error, in the court below. Anjoug otherpleas, the defendant below pleaded a former action and trial between the same parties, for the same matter, before another justice, in which a verdict was given for the defendant for his costs. The justice overruled this plea, because no damages were given by the verdict in the former suit.
    
      J. Cochran, for the plaintiff in error.
    I-Iildreth, contra.
   Per Curiam.

The plea by the defendant in the court below, was improperly overruled by the justice. The judgment must be reversed. Judgment reversed.  