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" But a judgment recovered in any form of action is still but a security for the original cause of action, until it be made productive in satisfaction to the party ; and therefore till then it cannot operate to change any other collateral concurrent remedy... "
A Practical and Elementary Abridgment of the Cases Argued and Determined in ... - الصفحة 109
بواسطة Charles Petersdorff - 1825
عرض كامل - لمحة عن هذا الكتاب

The Calcutta Law Journal: Reports of Cases Decided by the Judicial ..., المجلد 7

1908 - عدد الصفحات: 876
...Limitations. This view is supported by the decision of Lord Ellenborough in Drake v. Mitchell (3), namely, that a judgment recovered in any form of action is...a security for the original cause of action, until it^be made productive in satisfaction to the party. This principle has been recognized in cases of...

General relations

Thomas Beven - 1908 - عدد الصفحات: 938
...judgment is recovered, operating as a change of remedy from its being of a higher nature than before. But a judgment recovered in any form of action is still...security for the original cause of action, until it is made productive in satisfaction to the party ; and therefore, till then, it cannot operate to change...

The Law of Mortgage in India, المجلد 2

Sir Rashbehary Ghose - 1911 - عدد الصفحات: 804
...judgment is recovered operating as a change of remedy from ite being of a higher nature than before. But a judgment recovered in any form of action is still...satisfaction to the party ; and therefore till then, it cannot operate to change any other collateral concurrent remedy which the party may have." So also,...

Select Cases on the Law of Torts: With Notes, and a Summary of ..., المجلد 1

John Henry Wigmore - 1912 - عدد الصفحات: 1132
...quoted in Vanuxem v. BUTT, 151 Mass. 386, 389, 24 NE 773, as approved in Lord v. Bigelow, 124 Mass. 185, that "a judgment recovered in any form of action is...be made productive in satisfaction to the party." But the present plaintiff has done more than to take judgment in trover. In her action of trover she...

A Treatise on the Law of Estoppel Or of Incontestable Rights

Melville Madison Bigelow - 1913 - عدد الصفحات: 948
...judgment is recovered operating as a change of remedy from its being of a higher nature than before. But a judgment recovered in any form of action is still...satisfaction to the party; and therefore till then it cannot operate to change any other collateral concurrent remedy which the party may have. If, indeed,...

Modern American Law: A Systematic and Comprehensive Commentary on ..., المجلد 2

Eugene Allen Gilmore, William Charles Wermuth - 1914 - عدد الصفحات: 964
...and quoted in \7anuxem v. Burr, 151 Mass. 386, 389, as approved in Lord v. Bigelow, 124 Mass. 185, that "a judgment recovered in any form of action is...be made productive in satisfaction to the party." Whether the holder of an unsatisfied judgment in trover can without a fresh taking maintain replevin...

Select Cases and Other Authorities on the Law of Property: By Edward H. Warren

Edward Henry Warren - 1915 - عدد الصفحات: 884
...251, and quoted in Vanuxem v. Burr, 151 Mass. 386, 389, as approved in Lord v. Bigelow, 124 Mass. 185, that "a judgment recovered in any form of action is...be made productive in satisfaction to the party." Whether the holder of an unsatisfied judgment in trover can without a fresh taking maintain replevin...

The Pacific Reporter, المجلد 168

1918 - عدد الصفحات: 1212
...held to apply to those Jointly and severally liable on contracts, and wherein It was further said: "A judgment recovered in any form of action is still...satisfaction to the party; and therefore, till then, it cannot operate to change any other collateral concurrent remedy which the party may have." [2] It Is...

Cases Argued and Determined in the Supreme Court of the State of ..., المجلد 63

Colorado. Supreme Court - 1920 - عدد الصفحات: 676
...was held to apply to those jointly and severally liable on contracts and wherein it was further said: "A judgment recovered in any form of action, is still...satisfaction to the party; and, therefore, till then it cannot operate to change any other collateral concurrent remedy which the party may have." It is also...

Cases on the Law of Contracts, الجزء 1

George Purcell Costigan (Jr.) - 1921 - عدد الصفحات: 1550
...judgment is recovered operating as a change of remedy from its being of a higher nature than before. But a judgment recovered in any form of action is still...original cause of action, until it be made productive in satisfacton to the party; and therefore till then it cannot operate to change any other collateral...




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