Supreme Court of Vermont January 15, 1832 (Clark v. Harrington)

Hutchinson, C. J.,

pronounced the opinion of the Court. — - This is an action of trespass, to which the defendant pleaded the general issue, and gave notice, in writing, according to the provis-statuteJ that he should give evidence, under said plea, that the plaintiff heretofore brought an action of trespass, for the same cause of action, and on trial the defendants recovered judgement for their