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Lovejoy Vs. Murray
Cites for this judgment
- US Supreme Court
- Jan 01, 1865
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U.S. 1 (1865) U.S. Supreme Court Lovejoy v. MurraySearch
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U.S. 3 Wall. 1 1 (1865) Lovejoy v. MurraySearch
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Parke, Baron, in the case of King v. HoareSearch
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to any other action for the same cause. In the latest English case upon the principal question, namely Buckland v. JohnsonSearch
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the chief justice takes occasion to correct what he supposes to be an erroneous statement of Tindal, C.J., in Cooper v. ShepherdSearch
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recovered is essential to vest the property in defendant, and this only a few years before the case of Johnson v. BucklandSearch
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was decided. That case was decided in 1854, and mainly on the authority of Brown v. WoottonSearch
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to procure satisfaction for these injuries, we do not see the sequence in the reasoning of the learned judge. Brown v. WoottonSearch
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In Claxton v. SwiftSearch
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it was never pretended, until the case of Brown v. WoottonSearch
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In Cocke v. JennerSearch
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reported by Hobart, and which was in Trinity Term, 12 James I (only nine years after Brown v. WoottonSearch
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that only satisfaction or its equivalent would bar proceedings against all who were liable. And the case of Corbett v. BarnesSearch
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for the same trespass. Page 70 U. S. 13 These cases show that after as well as before the case of Brown v. WoottonSearch
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than what it decides, and we know of no case in which it was followed in England as implicit authority until Buckland v. JohnsonSearch
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is perceived why joint trespassers should be placed in a better condition. As remarked by Lord Ellenborough in Drake v. MitchellSearch
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Nor is the principle admitted in regard to conversions of Page 70 U. S. 14 personal property. Prior to Brown v. WoottonSearch
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cases which hold that the right of property is transferred by the judgment. The first of these two cases is Wilkes v. JacksonSearch
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the same court in a former case, which does not appear to sustain it. The other is the Rhode Island case of Hunt v. BatesSearch
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that the recovery of a judgment for the value of the goods converted transfers the title to the defendant. Rogers v. MooreSearch
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Floyd v. BrownSearch
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On the other hand, in the case of Livingston v. BishopSearch
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in the supreme court of New York in 1806, Kent, C.J., overrules Brown v. WoottonSearch
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and holds that judgment alone is not a bar. Page 70 U. S. 15 In Sheldon v. KibbeSearch
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second action against a co-trespasser. Nothing short of satisfaction or release can have that effect. In Sanderson v. CaldwellSearch
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nor anything short of satisfaction is a bar to a second suit brought against another joint trespasser. Osterhout v. RobertsSearch
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sixty days for the same trespass. Yet the plea was held bad. The trespass was for taking a watch. In Elliott v. ForterSearch
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to the property does not pass by judgment in trespass or trover. This case is affirmed by the same court in Sharp v. GraySearch
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Blann v. CochernSearch
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of the court. But the plea was held bad because it was not averred that it was accepted by the plaintiff. In Knott v. CunninghamSearch
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against one tortfeasor was no bar to a suit against another for the same tort without satisfaction. In Page v. FreemanSearch
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the Supreme Court of Missouri held the same doctrine. Page 70 U. S. 16 In Floyd v. BrowneSearch
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Hyde v. NobleSearch
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Hepburn v. SewellSearch
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Ferris v. ArdenSearch
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Kennedy v. CopeSearch
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White v. PhilbrickSearch
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Roberts v. PrinceSearch
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Calkens v. AllertonSearch
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Glass v. NicholsSearch
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Castle v. NoyesSearch
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Warfield v. DavisSearch
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U.S. Supreme Court Lovejoy v. MurraySearch
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of King v. HoareSearch
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Buckland v. JohnsonSearch
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Cooper v. ShepherdSearch
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of Johnson v. BucklandSearch
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of Brown v. WoottonSearch
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Brown v. WoottonSearch
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of Corbett v. BarnesSearch
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