Broome v Wooton
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1792 |
| Date | 01 January 1792 |
| Court | Court of the King's Bench |
English Reports Citation: 80 E.R. 47
IN THE COURT OF KING'S BENCH
* * \c\3t4-( bkoome versus wooton. Cro. Jac. 73. Mo. 762. Trover. Where judgment against one bars the plaintiff against another. In trover of certain goods in particular ; the defendant pleaded that the plaintiff had brought the like action against J. S. for the same goods before this action brought in which suit he so far prosequutus est against J. S. that he had judgment and execution against J. S. and averr'd that the goods contain'd in both actions were the same goods: upon which the plaintiff demurr'd ; and it was adjudged against the plaintiff. And a difference was taken by the whole Court, where the demand and recovery is of a thing certain, and where of a thing incertain : as where two are bound in 1001. to J. S. jointly and severally, there recovery and execution against one is no bar against the other, for execution is not any satisfaction of the 1001. demanded; according to the books, 4 H. 7. 22 E. 4.-[68] and E. 4.-and Br. cases. But where a trespass is committed by two, which rests only in damages, and the plaintiff recovers against one, and has execution, there it is a good bar against the other. Immo it was agreed, that the very judgment is a sufficient bar; for transit in rem jitdicatam, and the thing incertain is now by the judgment made certain, and so altered and changed into another nature than it was at first; and therefore he cannot resort to demand the incertainty again, for the first judgment shall be a bar to it. The law is the same of a...
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Newcrest Mining Ltd v Thornton
...Co Ltd v Henry Lister & Son Ltd [1895] 2 Ch 273 at 280 per Lindley LJ. 15 The first reported case in which the rule was established was Broome v Wooton (1605) Yelv 67 [ 80 ER 47] cited in Glanville Williams, Joint Torts and Contributory Negligence, (1951) at 16 (1844) 13 M&W 494 at 504 [ 1......
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Newcrest Mining Ltd v Thornton
...Co Ltd v Henry Lister & Son Ltd [1895] 2 Ch 273 at 280 per Lindley LJ. 15 The first reported case in which the rule was established was Broome v Wooton (1605) Yelv 67 [ 80 ER 47] cited in Glanville Williams, Joint Torts and Contributory Negligence, (1951) at 16 (1844) 13 M&W 494 at 504 [ 1......
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King and Another v Hoare
...against one is, of itself, without execution, a sufficient bar to an action against the other for the same cause: Brown v. IVoollcm (Yelv. 67; and S. C., Cro. Jac. 73; and Moor, 762). And though, in the report in Yelverton, expressions are used which at first sight appear to make a distinct......
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Claxton v Swift
...as trespass; it is true, ours is for damages, (c) 5 Go. 86. Moor, 459. Cro. Eliz. 478. (d) Cro. Car. 75. (e) 4 Co. 94. (/) Cro. Jac. 73. Yelv. 67. Moor, 762. . (g) Cro. Eliz. 30. See Bro. Abr. "Judgment," 98. (h) Sect. 376. (i) Cro. Jac. 73. Moor, 762. Yelv. 67. (k) Moor, 762. 1SBOW. K.B.80......