Rice v. King
New York Supreme Court
IN error, oil certiorari, from a justice’s court, King sued Rice before the justice, m an action or assumpsit, for 1,000 hogshead staves. Rice pleaded the general issue; and, afterwards, at the day adjourned for trial, he pleaded a former trial and verdict in bar. The r ■ • former trial was an action of trespass for the same staves, and a verdict was found for the defendant.
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IN error, oil certiorari, from a justice’s court, King sued Rice before the justice, m an action or assumpsit, for 1,000 hogshead staves. Rice pleaded the general issue; and, afterwards, at the day adjourned for trial, he pleaded a former trial and verdict in bar. The r ■ • former trial was an action of trespass for the same staves, and a verdict was found for the defendant. The plaintiff admitted the truth of the plea; arid proved, in support of his action, that the defendant acknowledged that he had taken a load of staves of the plaintiff, and that e he would take the residue, and pay him.…
1Per curiam
The plea of a former verdict and judgment in the same cause was put in too late, had it been objected to,; but no objection was made, and the plaintiff below admitted the fact of the former suit, but denied it to be a good bar, because that was an action of tres- ■ pass, and this was an action upon the case. The justice charged the jury to the same effect. This charge, and the verdict in pursuance of it, were erroneous. What is meant by the same cause of action, is where the same evidence will support both the actions, although they happen to be grounded on different writs. The plaintiff…
2Cited by26 opinions
- Marsh v. PierSupreme Court of Pennsylvania · 1833
- McKnight v. DunlopNew York Supreme Court · 1848
- Bowen v. . MandevilleNew York Court of Appeals · 1884
- Norden v. JonesWisconsin Supreme Court · 1873
- Beach v. . CrainNew York Court of Appeals · 1848
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