§ 1-59. Suit for penalty, plaintiff may reply fraud to plea of release. - North Carolina Statutes

§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.)