§ 1-59. Suit for penalty, plaintiff may reply fraud to plea of release.
§1‑59. Suit for penalty, plaintiff may reply fraud to plea of release.
If an action be brought ingood faith by any person to recover a penalty under a law of this State, or ofthe United States, and the defendant shall set up in bar thereto a former judgmentrecovered by or against him in a former action brought by any other person forthe same cause, then the plaintiff in such action, brought in good faith, mayreply that the said former judgment was obtained by covin; and if the collusionor covin so averred be found, the plaintiff in the action sued with good faithshall have recovery; and no release made by such party suing in covin, whetherbefore action brought or after, shall be in anywise available or effectual. (4Hen. VII, c. 20; R.C., c. 31, s. 100; Code, s. 932; Rev., s. 1521; C.S., s.447(a); 1925, c. 21.)