Sheer v. Zollverein Mining & Leasing Co.

Plaintiff below, appellant here, L. Sheer, brought suit in the district court of El Paso county against the defendants, The Zollverein Mining and Leasing Company, a mining corporation, and John I. Frank-lin, on an appeal bond. Trial was to the court by consent. There was a plea, in answer to the complaint, among other defenses, of res adjudícala, setting forth a former judgment on the merits, on the same bond, in favor of these defendants, in a suit against them brought by this plaintiff. In this case the court found the issues joined generally in favor of defendants and entered a judgment of…