Cocke v Jennor

JurisdictionEngland & Wales
Judgment Date01 January 1792
Date01 January 1792
CourtCourt of the King's Bench

English Reports Citation: 80 E.R. 214

King's Bench Division


[66] 69. cocke versus jennok. W- Trespass. Lit. sect. 376. Ro. 2. Ab. 412. 10 H. 6. 41. b. Release to one trespasser discharged all. 3 Cro. 31. 3 Leo. 122. Co. L. 232. Thomas Coeke brought an action of trespass against Kenelme Jennor for breaking his house at Duumow, and beating him the last day of October, in the tenth year of the King, The defendant pleads, that he together with one Robert Milborne in the time of the trespass supposed, did jointly break the plaintiff's house, and beat him, and that afterwards on the thirteenth day of June 11 Jac. R. the plaintiff7 did release unto the said Milborne by his writing, which the defendant shews in Court, all actions real and personal, &o. and avers, that the trespass, whereof the plaintiff complains, and which he and Milborne did jointly, est una & eadem, and non alia neque diversa. Whereupon the plaintiff demurred, and it was adjudged for the HOBABT.87. LEDSHAM V. ROWE AND MUDGE 215 defendant; for though a trespass be joint, and several to this purpose, that he may sue either one or all, yet when two join in a trespass, they so make one trespasser, as either of them is as well answerable for his fellows fact as for himself. And therefore a release to one dischargeth the whole trespass; and also a release is as good a satisfaction in law, as a satisfaction in deed ; and therefore if an executor release, the debt released ia judged assets in his hand : now against joint trespassers, there can be but one satisfaction, and therefore if they be sued in one action, though they may sever in pleas and issues, yet one jury shall assess damages for all ; and as to the damages, he that is no party to the issue, shall have an attaint as well as his fellows; and if they ba sued in several actions, though the plaintiff make choice of the best damage, yet, when he hath taken one satisfaction, he can take no more, and if he require two, an audita querela will lie.

English Reports Citation: 80 E.R. 215

King's Bench Division

Ledsham against Rowe and Mudge

70. ledsham against rowe and mudge. Co. B. Trespass. Venire fac. awarded ad triandum exitum ; where there are divers others. 2 Ro. 667. post. 64. Thomas Ledsham brought an action of trespass against John Rowe and Christopher Mudge, for imprisoning of him five days, John pleaded not guilty to four days, whereupon issue, and to the other...

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7 cases
  • Iarnnód Éireann v Ireland
    • Ireland
    • Supreme Court
    • 16 July 1996
    ...General(1969) 109 I.L.T.R. 69. Chestvale Properties Ltd. v. Glackin [1993] 3 I.R. 35; [1992] I.L.R.M. 221. Cocke v. Jennor (1614) Hob. 66; 80 E.R. 214. Cox v. Ireland [1992] 2 I.R. 503. Crotty v. An Taoiseach [1987] I.R. 713; [1987] I.L.R.M. 400. Davies v. Swan Motor Co. (Swansea) Ltd. [194......
  • Thompson v Australian Capital Television Pty Ltd
    • Australia
    • High Court
    • Invalid date
  • Development Bank of St. Kitts and Nevis v Browne, Walwyn-bowrin and Morris
    • St Kitts & Nevis
    • High Court (Saint Kitts and Nevis)
    • 8 April 2014
    ...a part of the debt, to seek any form of contribution from any remaining joint and several debtors. See also Cocke v. Jennor (1614) Hob 66; 80 ER 214 and Duck Mayeu [1892] 2 Q.B. 511 at 513. The latter case is an example when the court has examined the document closely to decide whether it ......
  • Ramsay v Pigram
    • Australia
    • High Court
    • Invalid date
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