 | Great Britain. Court of King's Bench, John Leycester Adolphus, Great Britain. Court of Queen's Bench, Thomas Flower Ellis - 1843 - 1182 páginas
...obtaining the same result. Hence the legal maxim, ' transit in rem judicatam,' — the cause of action is changed into matter of record, which is of a higher...nature, and the inferior remedy is merged in the higher : " King v. Hoare (a), judgment of the Court. The present case, therefore, is not governed by Fitch... | |
 | Great Britain. Bail Court - 1846 - 1082 páginas
...obtaining the same result. Hence the legal maxim, transit in rem judicatam — the cause of action is changed into matter of record — which is of a...nature, and the inferior remedy is merged in the higher. And this appears to be equally true, when there is but one cause of action, whether it be against a... | |
 | 1846 - 810 páginas
...obtaining the same result. Hence the legal maxim, ' transit in rem judicatam," — the cause of action is changed into matter of record, — which is of...nature, and the inferior remedy is merged in the higher. And this appears to be equally true, when there is but oge^X •-. cause of action, whether it be against... | |
 | Florida. Supreme Court - 1848 - 786 páginas
...of obtaining the same result. Hence the legal maxim, transit in rem adjudiratum. The cause of action is changed into matter of record, which is of a higher...This appears to be equally true, where there is but on• cau-te of nclion. whether it be against a single person or many." With these remarks, we dismiss... | |
 | John Pitt Taylor - 1848 - 756 páginas
...against the joint debtors or wrong-doers; because, in these cases, the original cause of action has been changed into matter of record, which is of a higher nature, and the inferior remedy is thus merged in the higher (m). So, where a party has concurrent, that is, joint and several remedies... | |
 | Herbert Broom - 1852 - 616 páginas
...of obtaining the same result. Hence the legal maxim transit in rem judicatam — the cause of action is changed into matter of record, — which is of...appears to be equally true where there is but one r*24Q1 cause °f cation, whether it be against a single person *or many. The judgment of a court of... | |
 | Indiana. Supreme Court, Horace E. Carter, Albert Gallatin Porter, Gordon Tanner, Benjamin Harrison, Michael Crawford Kerr, James Buckley Black, Augustus Newton Martin, Francis Marion Dice, John Worth Kern, John Lewis Griffiths, Sidney Romelee Moon, Charles Frederick Remy - 1853 - 688 páginas
...obtaining the same result. Hence the legal maxim, ' transit in rem judicatam' — the cause of action is changed into matter of record, which is of a higher nature, and the inferior remedy is merged in the VOL. 1II.— 11 Nov. Term, higher. This appears to be equally true where there IB but one cause of... | |
 | Herbert Broom - 1854 - 622 páginas
...of obtaining the same result. Hence the legal maxim transit in rem judicatam — the cause of action is changed into matter of record, — which is of...action, whether it be against a single person *or 1 •'many. The judgment of a court of record changes the nature of that cause of action, and prevents... | |
 | Great Britain. Court of Common Pleas - 1855 - 590 páginas
...obtaining the same result. Hence the legal maxim ' transit in rem judicatam,'—the cause of action is changed into matter of record, which is of a higher nature, and the inferior remedy is merged in the *153] higher. This appears to be equally true where there is but one cause of action, whether it be... | |
 | John Pitt Taylor - 1858 - 934 páginas
...against the joint debtors or wrong-doers ; because in these cases, the original cause of action has been changed into matter of record, which is of a higher nature, and the inferior 1 Blakemore v. Glamorganshire Can. Co., 2 CM <fe R. 133, 139 ; Strutt v. Bovingdon, 5 Eep. 58, 59,... | |
| |
... to a certainty, and the object of the suit attained so far as it can be at that stage; and it would be useless and vexatious to subject the defendant to another suit for the purpose of obtaining the same result. Hence the legal maxim, transit in rem... 
