Page:Federal Reporter, 1st Series, Volume 6.djvu/258

 246 FEDERAh REPORTER. �CoLLAED V. Delawaeb, Lackawanna & Westebn E. Co. �(Circuit Court, D. Nm J&rsey. March 22, 1881.) �1. JOIKT TrESPASS — SbVERAL StJITS — Unsatispied Judgment. �An unsatisfied judgment against one joint trespasser ia no barto a suit against another for the same trespass. Lovejoy v. Murray, 3 Wall. 1. — [Ed. �On Motion to Strike Out Pleas, etc. �Nixon, D. J. This is an application to strike out the sec- ond and third pleas filed by the defendant corporation to an amended declaration. �The suit was originally brought in the supreme court of the state of New Jersey by the plaintiff against this defendant and one John McAndrews, as joint trespassers. The defend- ants severed in their pleadings, and after issue joined, and before : trial, the Delaware, Lackawanna & Western Eailroaci Company, availing themselves of the provisions of the acts of congress on the subject, removed the issues which they had raised into this court for trial, The cause as to the other defendant, McAndrews, remained in the state court. It was there tried, and judgment was obtained against him in favor of the plaintiff for upwards of $2,000. After the removal here the plaintiff applied for and obtained leave to amend his declaration, and the defendant company pleaded thereto : (1) The general issue, and (2) and (3) that the alleged griev- anoes were committed by the defendant, if committed at ail, jointly with one John McAndrews ; that before the filing of the amended declaration and of said pleas, to-wit, on the twenty- sixtli day of February, A, D. 1878, the plaintiff had recovered a judgment against the said McAndrews in this suit, then pending in the. supreme court of the state of New Jersey, for $2,199.08, for damages which he had sustained by reason of the committing of the identical trespasses in the said declara- tion mentioned ; that the court of errors and appeals of the state of New Jersey had affirmed the said judgment on ap- peal, and that the same was still remaining in full force and effect. ��� �