Chicago Opera House Co. v. Paquin

Mr. Presiding Justice Harker

delivebed the opinion OF THE CoUBT.

A finding for defendant upon the plea of former recovery was erroneous. The parties to the judgment pleaded, were not parties in the same capacity as those in this suit and the issues were not identical.

There were two distinct causes of action against Paquin; one in favor of Franchere, by reason of the recovery and payment of the judgment against him on the appeal bond of Paquin, and one in favor of the Opera House Company for rents over and above the amount of the appeal bond. Thp failure of the Opera House Company to invoke the…