Legal Opinion

Sessions v. Johnson

Supreme Court of the United States

Decided May 18, 1877No. 244PublishedCited by 51 opinions

Error to the Circuit Court of the United States for the ■ District of Massachusetts. The facts are fully stated, and the. assignment of errors is set forth in the opinion of the court.

1Opinion of the CourtJustice Clifford

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 action against the other joint contractor, because, the contract being' merely joint, there can be but one recovery; and consequently the plaintiff, if he proceeds, against one only of two joint promisors, loses his security, against…

2Cases cited2 opinions

  1. Lovejoy v. MurraySupreme Court of the United States · 1866
  2. Mason v. EldredSupreme Court of the United States · 1868

3Cited by51 opinions

  1. Bigelow v. Old Dominion Copper Mining & Smelting Co.Supreme Court of the United States · 1912
  2. United States v. AmesSupreme Court of the United States · 1879
  3. Atlantic & Pacific Railroad v. LairdSupreme Court of the United States · 1896
  4. Russell v. . McCallNew York Court of Appeals · 1894
  5. Kroh v. CommissionerUnited States Tax Court · 1992

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