Bollen v. Woodhams

This was a suit by Bollen, plaintiff below, against Wood-hams and the Bonding Company on an injunction bond. The court sustained defendant’s motion to strike the replication as a sham, and for judgment on the pleadings, and plaintiff brings error.

The third defense in the answer was a plea of res adjudicator.. It alleged a previousi judgment in plaintiff’s favor, on the same bond, for damages caused by the same injunction, and satisfaction of such judgment. A demurrer to this plea was overruled.

If the replication was a sham it was properly stricken out, and then, if the answer was good (and it…