SESSIONS v. JOHNSON


95 U.S. 347 (____)

SESSIONS v. JOHNSON.

Supreme Court of United States.


Attorney(s) appearing for the Case

Mr. Benjamin F. Butler for the plaintiff in error.

Mr. George W. Morse and Mr. R.M. Morse, Jr., contra.


MR. JUSTICE CLIFFORD delivered the opinion of the court.

Even without satisfaction, a judgment against one of two joint contractors is a bar to an action against the other, within the maxim transit in rem judicatam; the cause of action being changed into matter of record, which has the effect to merge the inferior remedy in the higher. King v. Hoare, 13 Mee. & W. 504.

Judgment in such a case is a bar to a subsequent...

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