RUGGLES v. BERNSTEIN

Judgment. In an action on a bond to dissolve a mechanic's lien where no fraud or collusion appears a judgment establishing the lien is conclusive as to the debt thereby ascertained both against the principal and the surety.

HAMMOND, J.

The evidence excluded related to defences which could have been set up in the original action. No fraud or collusion being shown, the judgment rendered against the principal was conclusive evidence of the debt thereby ascertained, both against her and against the surety. Cutter v. Evans, 115 Mass. 27. Way v. Lewis, 115 Mass. 26, and cases there cited.

Exceptions overruled.