The United States, Appellants v. Eli R. Price, Executor of Joseph Archer. Same v. Same Book Reviews
The United States, Appellants v. Eli R. Price, Executor of Joseph Archer. Same v. Same by United States Supreme Court Book Summary
Mr. Johnson, for the United States, made several points, but as the decision of the court turned upon a single one, it is only necessary to notice that one, viz.:ββ II. That the bonds were several as well as joint, and each obligor was therefore responsible for the whole debt; and that the joint judgments upon the bonds did not, for the purposes of the present cases, take from the United States the right to consider the estate of Archer as responsible for the whole debt, which they could have done before judgment. United States v. Cushman, 2 Sumner, 434, and cases therein cited; Jackson v. Thorpe, 2 Younge & Collyer, 562. Mr. Miles, for the appellee, made the following points:ββ 1. The judgment having been obtained against the obligors jointly, the severalty of the original obligation is determined by the act of the plaintiffs, and the bond is merged in the judgment. If two or more are bound jointly and severally, the obligee may elect to sue on either the joint or several obligation, and if he elects the former, and proceeds to judgment, he cannot afterwards proceed on the latter.
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Book Name | The United States, Appellants v. Eli R. Price, Executor of Joseph Archer. Same v. Same |
Genre | Law |
Author | United States Supreme Court |
Published | 01 January 1850, Tuesday |
Language | English |
E-Book Size | 88.26 KB |
The United States, Appellants v. Eli R. Price, Executor of Joseph Archer. Same v. Same (United States Supreme Court) Book Reviews 2024
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Summary of The United States, Appellants v. Eli R. Price, Executor of Joseph Archer. Same v. Same by United States Supreme Court
The The United States, Appellants v. Eli R. Price, Executor of Joseph Archer. Same v. Same book written by United States Supreme Court was published on 01 January 1850, Tuesday in the Law category. A total of 130 readers of the book gave the book 0 points out of 5.
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