Young v.Thompson

Dbiiüebek—Injunction.—The plaintiff having obtained judgment in ejectment against S., the latter appealed, and the judgment was affirmed. The plaintiff brought an action against the sureties on the undertaking on appeal. They answered, averring that the execution of the said judgment had been enjoined, the answer showing that the facts upon which the injunction was obtained arose after the date of the judgment. The plaintiff demurred to the answer; the demurrer was sustained; judgment was entered for the plaintiff, and the defendants appealed; held, that the appeal was without merit.