Wisconsin Supreme Court January 15, 1867 (McFarlane v. Cushman)

Dixon, C. J.

There is no error in the proceedings or judgment. The former judgment is no bar, because the condition of the bond had not then been complied with. The plaintiff had not then produced before the referee the evidence upon which the referee was authorized to act, and there was no money due to the plaintiff by the terms of the bond itself. McFarlane v. Cushman, 19 Wis., 357.