 ... the cause of action is changed into matter of record, which is of a higher nature, and the inferior remedy is merged in the higher. This appears to be equally true where there is but one cause of action, whether it be against a single person or many....  Reports of Cases Argued and Determined in the Supreme Court of Judicature of ... - Page 79by Indiana. Supreme Court, Horace E. Carter, Albert Gallatin Porter, Gordon Tanner, Benjamin Harrison, Michael Crawford Kerr, James Buckley Black, Augustus Newton Martin, John Worth Kern, Francis Marion Dice, John Lewis Griffiths, Sidney Romelee Moon, Charles Frederick Remy - 1853Full view - About this book
 | Great Britain. Bail Court - Civil procedure - 1846 - 1082 pages
...action, whether it be against a single person or many. The judgment of the Court of record changes the nature of that cause of action, and prevents its...tort, the judgment against one is of itself, without satisfaction, a sufficient bar to an action against the other for the same cause, Brown v. Woottan... | |
 | Law - 1846 - 810 pages
...The judgment of a court of record changes nature of that cause of action, and prevents its being t ho subject of another suit; and the cause of action, being single, cannot afterwards be divided in two. Thus, it has beeuheld, that, it' two commit a joint tort, the judgment against one is, of itself,... | |
 | Herbert Broom - Legal maxims - 1852 - 616 pages
...°f cation, whether it be against a single person *or many. The judgment of a court of record changes the nature of that cause of action, and prevents its...being single, cannot afterwards be divided into two." This rule, however, does not apply in the case of a joint and several contract, for there the instrument... | |
 | Great Britain. Court of Common Pleas - Law reports, digests, etc - 1855 - 590 pages
...of action, whether it be against a single person or many. The judgment of a court of record changes the nature of that cause of action, and prevents its...two commit a joint tort, the judgment against one ia, of itself, without execution, a sufficient bar to an action against the other for the same cause:... | |
 | John Scott, Great Britain. Court of Common Pleas - Law reports, digests, etc - 1858 - 568 pages
...of action, whether it be against a single person or many. The judgment of a court of record changes the nature of that cause of action, and prevents its...being single, cannot afterwards be divided into two." The same principle is recognised in Drake v. Mitchell, 3 East, 251. *In Robinson v. Bland, 2 Burr.... | |
 | Great Britain. Court of Common Pleas, John Scott, Henry Bompas, Edmund Lumley - Law reports, digests, etc - 1871 - 684 pages
...because Lord Wensleydale, upon the authority of the last-mentioned case, treated it as quite clear that, " if two commit a joint tort, the judgment against...to an action against the other for the same cause." So far as tort is concerned, that is precisely to the same effect as the law laid down by Chief Baron... | |
 | Melville Madison Bigelow - Estoppel - 1872 - 732 pages
...of action, whether it be against a single person or many. The judgment of a court of record changes the nature of that cause of action, and prevents its...sufficient bar to an action against the other for the same cause.1 And though, in the report in Yelverton, expressions are used which at first sight appear to... | |
 | Great Britain. Courts - Law reports, digests, etc - 1872 - 572 pages
...of action, whether it be against a single person or many. The judgment of a court of record changes the nature of that cause of action, and prevents its...being single, cannot afterwards be divided into two." The same principle is recognised in Drake v. Mitchell, 3 East, 251. *In Robinson v. Bland, 2 Burr.... | |
 | India, Sir Henry Stewart Cunningham - Evidence (Law) - 1872 - 230 pages
...of action, whether it be against a single person or many ; the judgment of a Court of Record changes the nature of that cause of action and prevents its...subject of another suit ; and the cause of action oeing single, cannot afterwards be divided into two." King v. Hoare, 13, M. & W., 494. No express provision... | |
 | India - Evidence (Law) - 1873 - 294 pages
...of action, whether it be against a single person or many ; the judgment of a Court of Record changes the nature of that cause of action and prevents its...single, cannot afterwards be divided into two."— King v. Jfoare, 13 M. & W., 494. The doctrine laid down in R. v. Hoare was considered and affirmed... | |
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