 | Great Britain. Bail Court - 1846 - 1082 halaman
...matter of record — which is of a higher nature, and the inferior remedy is merged in the higher. And this appears to be equally true, when there is but...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 being the subject... | |
 | 1846 - 810 halaman
...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 - 1852 - 616 halaman
...merged in the higher. This appears to be equally true where there is but one r*24Q1 cause °f cation, whether it be against a single person *or many. The...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... | |
 | Indiana. Supreme Court, Horace E. Carter, Albert Gallatin Porter, Gordon Tanner, Benjamin Harrison, Michael Crawford Kerr, James Buckley Black, Augustus Newton Martin, Francis Marion Dice, John Worth Kern, John Lewis Griffiths, Sidney Romelee Moon, Charles Frederick Remy - 1853 - 688 halaman
...whether it be against a single perNICKLACS son or many rr<he judgment of a Court of record changes ROACH. the nature of that cause of action, and prevents its...being single, cannot afterwards be divided into two. Thus it has been held, that if two commit a joint tort, the judgment against one is, of itself, without... | |
 | Herbert Broom - 1854 - 622 halaman
...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 1 •'many. The judgment of a court of record changes the nature of that cause of action, and prevents... | |
 | Great Britain. Court of Common Pleas - 1855 - 590 halaman
...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...being single, cannot afterwards be divided into two. Thus, it has been held, that if two commit a joint tort, the judgment against one is of itself, without... | |
 | John Scott, Great Britain. Court of Common Pleas - 1858 - 568 halaman
...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...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.... | |
 | Melville Madison Bigelow - 1872 - 732 halaman
...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...being single, cannot afterwards be divided into two. Thus it has been- held that if two commit a joint tort, the judgment against one is, of itself, without... | |
 | Great Britain. Courts - 1872 - 572 halaman
...nature, and the inferior remedy is merged in the higher. This appears to be equally true where there in but one cause of action, whether it be against a single...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 - 1872 - 230 halaman
...nature, and the inferior remedy is merged in the higher. And this appears to be equally true where there is but one cause of action, whether it be against...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... | |
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Hence the legal maxim, transit in rem judicatam, — 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,... 
