Shively v. United States
Shively v. United States
Opinion of the Court
By signing judgment against one defendant only, the other was irrevocably released; and no measure taken to bring him in again could he successful. Such is>the principle of Williams v. M’Fall, 2 Serg. & Rawle 280, and Bellyhoover v. The Commonwealth, 1 Watts 126, and it is immediately applicable to a joint action like the present. The subsequent judgment was, therefore, incurably irregular; and taking it not to be already void, it is entirely distinct from the other. The precedent one, if rendered in form, would-be that the plaintiff recover his debt of the principal only;
Judgment affirmed.
Reference
- Full Case Name
- Shively against The United States
- Cited By
- 2 cases
- Status
- Published