Leathers' Representatives v. Meglasson

Judge Haggin

delivered the opinion of the Court.*

Meglasson prosecuted a joint action of debt against the heirs and administrators of Leathers, upon a promissory note executed by the latter.

The defendants pleaded a former action for the same demand, and payment by the intestate. The plaintiff demurred to the first plea. The court sustained the demurrer. The defendants withdrew the plea of payment, and the court rendered judgment against all of •them, ete propriis bonis.

Plea of mat-mont” com-moncing in bar, is ill on cmurier. In a plea of former suit pending, it mustbeavor-red that the suit is…