Greely v. Smith
U.S. Circuit Court for the District of Maine
This was an action of trover commenced January 10th, 1842, for a brig called the Watson. [Joseph] Smith pleaded not guilty, and also, by leave of the court, filed a plea in bar. that the plaintiffs [Philip Greely and another], on the second Tuesday of November, 1S39, prosecuted in the supreme court of the state of Maine, one Joshua Waterhouse, a deputy sheriff, in a writ of replevin for this same vessel, and on an issue joined, denying that the property therein was in the…
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This was an action of trover commenced January 10th, 1842, for a brig called the Watson. [Joseph] Smith pleaded not guilty, and also, by leave of the court, filed a plea in bar. that the plaintiffs [Philip Greely and another], on the second Tuesday of November, 1S39, prosecuted in the supreme court of the state of Maine, one Joshua Waterhouse, a deputy sheriff, in a writ of replevin for this same vessel, and on an issue joined, denying that the property therein was in the plaintiffs, it was adjudged by said court on the second Tuesday of November, 1841, that the plaintiffs become nonsuit, and…
1Opinion of the Court
WOODBURY, Circuit Justice.
It is a well settled principle, that a former judgment cannot avail as a bar to another suit, unless it was between the same parties as well as for the same subject-matter. 1 Starkie, Ev. 191; Wood v. Davis, 7 Cranch [11 U. S.] 271; [Davis v. Wood] 1 Wheat. [14 U. S.] 6; 14 Johns. 83; 2 Mass. 338. The reason is, that unless the parties 'are the same, either personally or as privies, one had not an opportunity either to be heard on his rights, or to cross-examine witnesses, or put in his own evidence. Maybee v. Avery, 18 Johns. 352; 3 Cow. 120; 4 Cow. 559; 9 Mass. 1;…
2Cases cited11 opinions
- Gardner v. BuckbeeNew York Supreme Court · 1824
- Burt v. SternburghNew York Supreme Court · 1825
- Case v. ReeveNew York Supreme Court · 1817
- Benson v. RemingtonMassachusetts Supreme Judicial Court · 1806
- Maybee v. AveryNew York Supreme Court · 1820
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3Cited by1 opinion
- Taylor v. MattesonWisconsin Supreme Court · 1893