David Davis

“ The third plea alleges that the former suit was identical with this, and was 'dismissed agreed' by the judgment of the court. If this plea is true, the others cannot be; for they recite the judgment differently; and there could have been but one record of the judgment, as there was but one suit. In general, a defendant may in different pleas state as many separaty and independent grounds of defence as he may be advised is material ”

“ Conceding that this action is between the same parties as well as for the same subject-matter as the former one, are the United States barred from a recovery by reason of any thing alleged in the pleas? The first, second, and fourth pleas are not essentially different. ”