LeSueur v. Pounds

The plaintiff brought suit against the principal and sureties on a ne exeat bond. To the petition the defendants filed a general and special demurrer, which was overruled, but no exceptions were taken to the overruling of the demurrer. The plaintiff proved her case substantially as laid; but the defendants filed a special plea of res adjudieata, and an answer to the merits of the case, in which it was averred, among other things, that the defendants were not liable, because the bond sued on was an appearance bond only, and', the defendant having been present at the trial of the divorce suit…