Nickerson v. Cal. Stage Co.
California Supreme Court
Appeal from the District Court of the Eleventh Judicial District, County of Placer. This was an action of trover. It appears that plaintiff, some time before the institution of this suit, commenced an action in replevin for the same property, and recovered a judgment for its restitution, with damages for its illegal detention.
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Appeal from the District Court of the Eleventh Judicial District, County of Placer. This was an action of trover. It appears that plaintiff, some time before the institution of this suit, commenced an action in replevin for the same property, and recovered a judgment for its restitution, with damages for its illegal detention. The damages were paid, but the order for the restitution of the property was never complied with; and, failing to recover the possession of his property, plaintiff commenced this suit for its value. The defendants pleaded a former recovery, which plea was overruled, and…
1Opinion of the Court
Terry, C. J., after stating the facts, delivered the opinion of the Court
2ConcurrenceBaldwin, J.
The judgment in replevin constitutes no bar to this action, unless it be shown that it has been satisfied. The cause of action was in both cases the same, but the object was essentially different. In the one case, the plaintiff sought to recover a specific personal chattel, which was wrongfully detained; in the other, the value of such chattel, when, owing to the acts of defendants, it was not in his power to procure a return.
“ Where the cause and object of both actions are the same, a judgment in the prior bars the…
3Cases cited1 opinion
- Jackson v. StoneNew York Supreme Court · 1816
4Cited by9 opinions
- Claudius v. AguirreCalifornia Supreme Court · 1891
- Huber v. ShedoudyCalifornia Supreme Court · 1919
- Wells v. Schuster-Hax National BankSupreme Court of Colorado · 1897
- Meeker v. JohnsonWashington Supreme Court · 1891
- Rauer v. RyndCalifornia Court of Appeal · 1915
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