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III WALLACE.

8 Wall. 1-19, 18 L. 129, LOVEJOY v. MURRAY.

Attachment.- Attaching creditor is not liable for officer's act unless he interferes in some manner so as to make himself liable, p. 9.

Cited in Munns v. Loveland, 15 Utah, 256, 49 Pac. 744, holding attaching creditors not liable.

Attachment. By giving indemnity bond to the sheriff, attaching plaintiff became co-trespasser with him in proceedings under illegal attachment, pp. 9, 10.

Cited and followed in Screws v. Watson, 48 Ala. 634, 635, Sparkman v. Swift, 81 Ala. 233, 8 So. 160, Rice v. Wood, 61 Ark. 454, 33 S. W. 638, March v. Barnet, 121 Cal. 423, 66 Am. St. Rep. 47, 53 Pac. 934, Knight v. Nelson, 117 Mass. 460, Lesher v. Getman, 30 Minn. 328, 15 N. W. 312, Hunt v. Walker, 12 Heisk. 558, and Cabell v. Hamilton, etc., Shoe Co., 81 Tex. 108, 16 S. W. 812, all holding indemnitors liable as co-tortfeasors for wrongful levy; Lienkauf v. Morris, 66 Ala. 413, where indemnitors held liable in compensatory damages only for wrongful levy; State v. Smith, 78 Me. 266, 57 Am. Rep. 805, 4 Atl. 414, reviewing cases, holding public officers guarding public lands liable as co-trespassers for permitting removal of timber; Norman v. Horn, 36 Mo. App. 425, holding plaintiff in unlawful attachment proceeding liable as trespasser; principle applied in Walker v. Read, 59 Tex. 192, holding denial of plaintiff's title to whole tract sued for by defendant, occupying part, constituted him co-trespasser with other occupants; Koch v. Peters, 97 Wis. 502, 73 N. W. 28, holding assistance rendered sheriff in unlawful attachment, by attaching creditors, constituted them joint tortfeasors; Weller v. Hanaur, 95 Fed. 239, 240, 242, holding ike cited case; Main Co. v. Morrow, Wyo. —, 57 Pac. 917, that sheriff surrendered goods without consent of creditor will not release latter. Cited in 73 Am. Dec. 142, note on attachments, collecting cases, and 83 Am. Dec. 386, note on persons indemnifying officers. Cited also in Dempsey v. Chambers, 154 Mass. 334, 26 Am. St. Rep. 252, 28 N. E. 280, 13 L. R. A. 221, and n., holding subsequent ratification of unauthorized acts done as ratifier's agent constitutes ratifier co-trespasser, where damage inflicted by agent. Distinguished in Bidwell v. Toledo, etc., St. Ry., 72 Fed. 12, 13, holding non-resident corporation, not intending to become a party, 454

not bound by judgment because it assumed the defense pursuant to contract. Distinguished as to facts in Lee v. Maxwell, 98 Mich. 503, 57 N. W. 584, holding subsequent satisfaction of their execution out of wrongfully attached property does not constitute Junior creditors co-trespassers with attaching creditor; Tilley v. Cottrell, R. I., 43 Atl. 369, holding bond to indemnify officer not released by subsequent levying of other attachments.

Judgment not fully satisfied, against one or more co-trespassers, is no bar to an action against another not joined in the first suit, pp. 10-18.

Cited and principle applied in The Atlas, 93 U. S. 315, 23 L. 866, holding unsatisfied judgment against one colliding vessel no bar to action by injured third party against the other; Sessions v. Johnson, 95 U. S. 349, 351, 24 L. 597, 598, holding action against one of two tortfeasors not barred by unsatisfied judgment against the other; Birdsell v. Shaliol, 112 U. S. 489, 28 L. 770, 5 S. Ct. 246, holding judgment for patentee for nominal damages against infringing manufacturer, and payment, no bar to action against person using machine; New England, etc., Marine Ins. Co. v. Dunham, 3 Cliff. 337, F. C. 10,155, holding partial recovery in foreign court from colliding vessel of damages suffered, no bar to suit for remainder against the underwriters; Collard v. Delaware, etc., Rd., 6 Fed. 247, holding unsatisfied judgment against one of two joint tortfeasors no bar to action against the other, collecting cases; Power v. Baker, 27 Fed. 397, holding mere payment into court by one joint trespasser of judgment against him, no bar to enforcing better judgment against the other; Du Bose v. Marx, 52 Ala. 509, 510, holding judgment against purchaser at wrongful sale under pretended authority no bar to action against party procuring the sale; Vincent v. McNamara, 70 Conn. 341, 39 Atl. 446, holding action against person maliciously procuring attachment not barred by prior judgment in replevin suit against attaching officer; Lumber Co. v. Simmons, 2 Marv. (Del.) 329, 43 Atl. 164, holding unsatisfied judgment and execution in another State against parties procuring wrongful levy no bar to action against sheriff; United Soc. of Shakers v. Underwood, 11 Bush, 271, 21 Am. Rep. 217, reviewing cases, holding unsatisfied judgment against one co-trespasser for wrongful conversion of property, no bar to action against another; Cleveland v. Bangor, 87 Me. 263, 47 Am. St. Rep. 329, 32 Atl. 894, collecting cases, holding unsatisfied judgment against street railway for injuries caused by obstructing street, no bar to suit therefor against city; State v. Boyce, 72 Md. 143, 20 Am. St. Rep. 459, 19 Atl. 366, 7 L. R. A. 273, collecting cases, holding pendency of suit against one joint tortfeasor not pleadable in abatement in separate suit against another; Elliott v. Hayden, 104 Mass. 181, and Knight v. Nelson, 117 Mass. 460, holding unsatisfied judgment against attaching officer, no bar to

action against persons procuring wrongful attachment; Arnett v. Missouri Pac. Ry., 64 Mo. App. 374, Bloss v. Plymale, 3 W. Va. 408, 100 Am. Dec. 757, reviewing cases, and Ellis v. Esson, 50 Wis. 151, 36 Am. Rep. 836, 6 N. W. 522, holding covenant not to sue one of several trespassers, in absence of complete satisfaction, no discharge of the others; Russell v. McCall, 141 N. Y. 451, 38 Am. St. Rep. 814, 36 N. E. 502, holding Judgment against constructive trustee for misappropriation, no bar to action against co-trustees de son tort; Turner v. Brock, 6 Helsk. 53, holding prior unsatisfied judgment against another person no bar to action against person in whose hands converted property found; Griffie v. McClung, 5 W. Va. 134, holding judgment against co-trespasser no bar to suit against another.

Cited also in The Kalorama, 10 Wall. 218, 19 L. 945, holding assertion of maritime lien in admiralty, not barred by pending action in State court for sum due; Gunther v. Lee, 45 Md. 67, 24 Am. Rep. 505, holding release to one co-trespasser inured to others' benefit, though mere judgment would not have barred action against them; arguendo, in Savage v. Stevens, 128 Mass. 255, holding, however, satisfaction of judgment against one trespasser barred action against his co-trespasser. See also note to 11 Am. Dec. 146, 25 Am. Dec. 544, and n., 38 Am. Dec. 512, and n., good discussion, collecting cases; in notes to 54 Am. Dec. 205, 206, and 82 Am. Dec. 597. Distinguished in Chils v. Gronlund, 41 Fed. 505, holding but one Judgment recoverable against joint tortfeasors in same action.

Trespass.- Persons engaged in committing the same trespass, are joint and several trespassers; not joint trespassers exclusively, p. 11. Cited and principle applied in The Beaconsfield, 158 U. S. 307, 39 L. 995, 15 S. Ct. 862, holding whole value of cargo recoverable from one of two colliding vessels; Barnes v. Viall, 6 Fed. 671, collecting cases, holding attorney and his client who procured plaintiff's false imprisonment, jointly and severally liable therefor; Albright v. McTighe, 49 Fed. 820, holding co-tortfeasors jointly and severally liable.

Judgment.- Satisfaction accepted in full for injury done, precludes plaintiff from second recovery for same damages, though he may have obtained two or more judgments for the same tort, pp. 11, 17.

Cited and principle applied in Jennings v. Dolan, 29 Fed. 862, holding several judgments recoverable though but one satisfaction allowed against infringers of patent; Babcock, etc., Co. v. Pioneer Iron Works, 34 Fed. 341, holding settlement and satisfaction by one Joint infringer of a patent discharged the other; Albright v. McTighe, 49 Fed. 820, holding tortfeasors jointly and severally liable in action for malicious prosecution though but one satisfaction allowable except for costs; Donaldson v. Carmichael, 102 Ga. 43. 29

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S. E. 137, holding receipt for money from one of two joint wrongdoers discharges both; Berkley v. Wilson, 87 Md. 222, 223, 224, 39 Atl. 504, reviewing cases, holding judgment against one co-tortfeasor and tender of amount thereof barred recovery from the others. Cited, arguendo, in Stimpson v. Poole, 141 Mass. 505, 6 N. E. 707, holding settlement with indorser by insolvent maker's assignee, who sold indorser's security, barred recovery of sum indorser paid payee; Miller v. Beck, Iowa, 79 N. W. 345, holding satisfaction was bar to action against another of such attachment creditors. See also note to 11 Am. St. Rep. 907, 908.

Distinguished in Torrey v. Schneider, 74 Tex. 121, 11 S. W. 1070, 2olding satisfaction of judgment against subsequent creditor, no bar to recovery from prior creditor, each having procured illegal attachment. Modified in City Nat. Bank v. Colgin, Tex.-, 51 S. W. 857, holding release of claim for damages against officer by operation of statute, no release of parties procuring wrongful attachment; Arnett v. Missouri Pac. Ry., 64 Mo. App. 374, and Bloss v. Plymale, 3 W. Va. 408, 100 Am. Dec. 717, reviewing cases, holding release of one must be under seal to discharge all the co-trespassers.

Judgment.- Principle that no man shall be twice vexed for same cause of action applies to case of a second suit against the same trespasser, p. 16.

Cited in Child v. Boston, etc., Iron Works, 19 Fed. 260, holding unsatisfied judgment for profits against infringer of patent, barred another action for damages for same infringements.

Judgment alone, for property converted, without full satisfaction, cannot operate to vest title thereto in defendant, p. 17.

Cited and principle applied in Union Pac. Ry. v. Schiff, 78 Fed. 220, holding title not vested by judgment against him, in pledgee who wrongfully re-hypothecated securities; Ledbetter v. Embree, 12 Ind. App. 619, 40 N. E. 928, collecting cases, holding title to property wrongfully converted, does not vest in tortfeasor until satisfaction of judgment for compensation; United Soc. of Shakers v. Underwood, 11 Bush. (Ky.) 270, 271, 21 Am. Rep. 216, 217, reviewing cases, holding wrongfully converted property does not vest in tortfeasor when judgment for value thereof obtained against him; Miller v. Hyde, 161 Mass. 474, 42 Am. St. Rep. 425, 37 N. E. 761, 25 L. R. A. 44, collecting cases, and Singer, etc., Co. v. Skillman, 52 N. J. L. 264, 19 Atl. 260, holding plaintiff's title to chattel, not transferred by entry of judgment in trover in his favor; Turner v. Brock, 6 Heisk. 53, and Moore v. King, 4 Tex. Cr. App. 402, 23 S. W. 486, holding plaintiff's title to property converted, not divested by judgnent for value thereof. Cited also in Peerce v. Kitzmiller, 19 W. Va. 577, upon question whether judgments are property. See also discussion in note to 11 Am. Dec. 524, and 17 Am. Dec. 218, and n., collecting cases; 42 Am. St. Rep. 430, and n., and good discussion in

note on page 434; Gilman v. Township of Gilby, N. D.-, 80 N. W. 891, holding like cited case.

Distinguished in Meixell v. Kirkpatrick, 29 Kan. 684, release of claim against one joint judgment debtor does not discharge the other.

Denied in Miller v. Hyde, 161 Mass. 479, 37 N. E. 765, 25 L. R. A. 47, dissenting opinion, majority sustaining doctrine as stated, supra.

Judgment.- Parties who wrongfully procured attachment of plain tiff's property, gave sheriff indemnity bond, were notified of suit against sheriff for damages resulting from illegal attachment and defended same, were concluded by judgment therein, pp. 18-19.

Cited and principle applied in Robbins v. Chicago, 4 Wall. 672, 18 L. 430, holding party in fault who knew suit was pending, concluded by judgment against city for damages occasioned by defective street; Smeltzer v. White, 92 U. S. 294, 23 L. 509, collecting cases, holding judgment against validity of county warrants conclusive against assignor, who guaranteed them, in suit by assignee; Eagle Mfg. Co. v. Miller, 41 Fed. 357, and Bradley Mfg. Co. v. Eagle Mfg. Co., 57 Fed. 985, 18 U. S. App. 349, holding principals concluded by judgment against their agents for infringing patent; Johnson v. Richmond Beach Improvement Co., 63 Fed. 496, holding judgment of foreclosure against community property bound wife, though separated from her husband and not actually served; Theller v. Hershey. 89 Fed. 576, holding party agreeing to share expenses of action for infringement is privy thereto; Kirksey v. Friend, 48 Ala. 284. holding bill maintainable against indemnitors to enforce payment of rebel court's judgment against insolvent sheriff for wrongful levy: Viele v. Germania Ins. Co., 26 Iowa, 46, 96 Am. Dec. 94, several insurance companies becoming liable on one policy, and all joining in defending suits against each, judgment in one concluded all; Schmidt v. Louisville, etc., Ry., 99 Ky. 153, 155, 35 S. W. 138, 139, reviewing cases, holding judgment bound one who actually defended, though not a nominal party; McKinzie v. Baltimore, etc.. Rd., 28 Md. 174, holding principal estopped by judgment against his agent in prior action which principal assisted in defending: Chesapeake etc., Canal Co. v. County Commissioners, 57 Md. 225, 40 Am. Rep. 438, holding judgment against commissioners for damages caused by defect in public road over company's bridge concluded company; Richard v. Farrar, 116 Mass. 221, holding one who agreed to pay deficiency, concluded by judgment in foreclosure suit, which he knew was pending; Landis v. Hamilton, 77 Mo. 565, holding citizens who instigated proceedings by city, to condemn land for a street, concluded from asserting a prior dedication thereof; Port Jervis v. First Nat. Bank, 96 N. Y. 559, holding corporation concluded by judgment against city for damages caused by excavation made by corporation in street; Pacific Mfg. Co. v.

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