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The Southwestern Reporter Volume 51. West Publishing Company

The Southwestern Reporter Volume 51
Author: West Publishing Company
Number of Pages: 1174 pages
Published Date: 13 May 2014
Publication Country: Miami Fl, United States
Language: English
Format: Pdf
ISBN: 9781130687682
File size: 43 Mb
Download Link: The Southwestern Reporter Volume 51

This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1899 edition. Excerpt: ...court, was set aside. The opinion of this court pointing out that the judgment pleaded was no bar, because it was not averred that appellee was party or privy to that action. McCallister v. Bridges (Ky.) 40 S. W. 70. There was no cross appeal In that case, and from the nature of the case there could be none; so the only question before the court was whether there had been a fair trial before the Jury. Nothing more was considered or decided. On the return of the case the defendant tendered an amended answer, in which he set out that Miller, while cleaning out the ditch, was acting as the agent and servant of appellee. McAlister; that appellee, with others, employed him to dig the ditch, and knew of the suit, testified In it as a witness, and that Miller was only their agent In the transaction. The court below refused to allow the amended answer to be filed, holding, in effect, that the judgment was no protection as to acts done under it. though not superseded. There was then another trial, resulting In a verdict for $1,000 In favor of appellee. The main question arising on this appeal is as to the effect of the reversed judgment on acts done under It and in obedience to it before Its reversal, when it was not superseded. In Freem. Judgm. 482, it is said: "But a subsisting judgment, though afterwards reversed, is a sufficient justification for all acts done by plaintiff in enforcing it prior to the reversal. Thus, If the defendant be taken In execution, the subsequent reversal of the judgment will not render the plaintiff liable to an action for false imprisonment; for the act of imprisonment, when directed by the plaintiff, was sanctioned by a then valid judgment." And in section 104b the same author says: 'The case of a...

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