Bingham v. Kearney

COOPER, C.

Appeal from judgment on judgment-roll and bill of exceptions.

The defendant, by special plea in bar, set up a former judgment, between the same parties, relating to the same subject-matter. In support of such plea the judgment-roll in the former suit was received in evidence, and the court below held it sufficient to sustain the plea, and hence ordered judgment for defendant. We have examined the evidence, and it fully supports the judgment and findings. On August 1, 1891, the plaintiff and defendant entered into a contract in writing for the purchase and sale of certain real estate;…