Luce v. Dexter
Massachusetts Supreme Judicial Court
Tort for assault and false imprisonment. The defendant, a deputy sheriff, justified under a writ in favor of Samuel Look against the plaintiff; and alleged that the plaintiff subsequently brought an action against Look for the same assault and imprisonment, in which the plaintiff obtained judgment, which was satisfied by Look.
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Tort for assault and false imprisonment. The defendant, a deputy sheriff, justified under a writ in favor of Samuel Look against the plaintiff; and alleged that the plaintiff subsequently brought an action against Look for the same assault and imprisonment, in which the plaintiff obtained judgment, which was satisfied by Look. Trial in the Superior Court, before Mason, J., who allowed a bill of exceptions, in substance as follows: The plaintiff made out a prima facie case of assault and battery against the defendant, and rested his case. The defendant then offered in evidence the files and…
1Opinion of the CourtC. Allen, J.
The files and docket entries were admissible, and showed no material variance.
The substantial ground of action set forth in the second count of the former declaration was the arrest and imprisonment. The present cause of action is the same. It is of no consequence, in this respect, how many persons were concerned in the arrest. The injury to the plaintiff was single. He might sue either Look, or the defendant, or both. He sued Look, and recovered judgment against him. By the satisfaction of that judgment the present action is barred. Brown v. Cambridge, 3 Allen, 474. Stone v. Dickinson, 5…
2Cases cited2 opinions
- Elliott v. HaydenMassachusetts Supreme Judicial Court · 1870
- Boston & Albany Railroad v. ShanlyMassachusetts Supreme Judicial Court · 1871
3Cited by8 opinions
- Corey v. HavenerMassachusetts Supreme Judicial Court · 1902
- Selby v. KuhnsMassachusetts Supreme Judicial Court · 1963
- Wells v. GouldSupreme Judicial Court of Maine · 1932
- Everett v. HendersonMassachusetts Supreme Judicial Court · 1888
- Laver v. KingstonAppellate Court of Illinois · 1981
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