| Horace Binney, Pennsylvania. Supreme Court - Law reports, digests, etc - 1810 - 642 pages
...still but a security for the original cause of action, until it be made productive in satisfaction to the party; and therefore till then it cannot operate...collateral concurrent remedy which the party may have. The judgment is no extinguishment of the original security, unless it prodace the fruit of a judgment.... | |
| Ohio. Supreme Court - Law reports, digests, etc - 1832 - 976 pages
...but a security for the original cause of action, until it be made productive ••> in satisfaction to the party; and therefore, till then it cannot operate...collateral concurrent remedy, which the party may have." That each joint trespasser is answerable for the act of all, and that the plaintiff may pursue his... | |
| Great Britain. Court of Common Pleas, James Manning, Thomas Colpitts Granger - Election law - 1841 - 1068 pages
...still but a security for the original cause of action until it be made productive, in satisfaction, to the party ; and therefore, till then, it cannot...party may have. If, indeed, one who is indebted upon simple contract, give a bond or have judgment against him upon it, the simple contract is merged in... | |
| South Carolina. Court of Appeals, James Sanders Guignard Richardson - Equity - 1845 - 632 pages
...is still hut security for the original cause of action, until it be made productive in satisfaction to the party; and therefore, till then, it cannot...collateral concurrent remedy which the party may have. One may agree to accept a different security, in satisfaction of his debt ; but here the note and bill... | |
| William Burge - Bail - 1847 - 626 pages
...still only a security for the original cause of action until it is made productive by satisfaction to the party, and therefore till then, it cannot operate...collateral concurrent remedy which the party may have (n). But the acceptance of a security of an inferior or equal degree, is in no respect an extinguishment... | |
| Alabama. Supreme Court - Law reports, digests, etc - 1870 - 806 pages
...still but a security for the original cause of action, until it be made productive in satisfaction to the party ; and therefore till then, it cannot...collateral concurrent remedy which the party may have." The other justices concurred, and Grose, J., said, "though judgment has been recovered on the bill,... | |
| Massachusetts. Supreme Judicial Court - Law reports, digests, etc - 1863 - 608 pages
...action, is but a security for the original cause of action, until it be made productive in satisfaction to the party ; and, therefore, till then, it cannot...collateral concurrent remedy, which the party may have. This point is considered in Campbell v. Phelps, 1 Pick. 70 ; and is ably discussed in a note by Mr.... | |
| Law - 1864 - 572 pages
...sti'l but a security for the original cause of action, until it be made productive in satisfaction to the party; and. therefore, till then it cannot...other collateral concurrent remedy which the party may bave." Now, there there was an action on the covenant for the rent. A bill had passed for the gales... | |
| Great Britain. Court of Common Pleas, John Scott, Henry Bompas, Edmund Lumley - Law reports, digests, etc - 1871 - 684 pages
...^ut a security for the original cause of action, until it bo RAMSEY, made productive in satisfaction to the party ; and therefore, till then, it cannot...collateral concurrent remedy which the party may have." In the present case, the judgment recovered against the owner has created a change of remedy quoad... | |
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