— The proceeding below is founded on a mistaken apprehension of the law. The Common Pleas, in cases of appeal, do not act as a court of error, but re-try the case on its merits. This cause has therefore been determined on its merits, by a court of competent jurisdiction; and as long as the judgment of the Common Pleas is in force, no new action for the same cause can be maintained jn any other court. This judgment must therefore be

Reversed.