Judd v. Walker
Missouri Court of Appeals
Appeal from Louisiana Court of Common Pleas.— jEon. David H. Eby, Judge. (1) Between joint wrongdoers no right of contribution exists, that one can be heard to complain that all guilty of the wrong have not been included in the same action or included in one common judgment rendered as the result of its prosecution.
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Appeal from Louisiana Court of Common Pleas.— jEon. David H. Eby, Judge. (1) Between joint wrongdoers no right of contribution exists, that one can be heard to complain that all guilty of the wrong have not been included in the same action or included in one common judgment rendered as the result of its prosecution. The plaintiff could at any stage of the proceeding have dismissed as to any one or more of the defendants without-the consent of the remaining, and without affecting in the least the merit of his action or the character or amount of his judgment. Berkson v. Railroad, 144 Mo. 211;…
1Opinion of the CourtNortoni, J.
This is a suit for damages accrued to plaintiff through the fraud and deceit of defendant. After the answer and reply were • in, the court gave judgment on the pleadings alone, to the effect that plaintiff was not entitled to recover, for the reason he had accepted $350 from one of defendants in the action as originally instituted and in consideration thereof covenanted not to further prosecute the suit against him. From this judgment, plaintiff prosecutes the appeal.
The question for decision is whether or not a discharge is operated in favor of one joint tortfeasor, through the acceptance of…
2Cases cited27 opinions
- Lovejoy v. MurraySupreme Court of the United States · 1866
- City of Chicago v. BabcockIllinois Supreme Court · 1892
- Judd v. WalkerSupreme Court of Missouri · 1908
- Ellis v. EssonWisconsin Supreme Court · 1880
- Knapp v. . RocheNew York Court of Appeals · 1884
22 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Nashville Interurban Ry. v. GregoryTennessee Supreme Court · 1916
- Black v. MartinMontana Supreme Court · 1930
- May v. BradfordSupreme Court of Missouri · 1963
- Byrd v. CrowderTennessee Supreme Court · 1933
- Hawkins v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1914
6 more not listed; retrieve them via the Exa API.