Page:Federal Reporter, 1st Series, Volume 6.djvu/259

 UNITED STATES V. F0STE8. 247 �The motion to strike eut these pleas is based upon the proposition that, even if trae, the facts stated are no defence to the action; that obtaining a judgment against one joint trespasser, without any subsequent satisfaction thereof, ia no bar to the recovery of another judgment against another joint trespasser for the same grievances. �The conflict of authority upon this question, both in the <30urts of Great Britain and of the several states of the United States, is quite remarkable. But since the case of Lovejoy v. Mwray, 3 Wall. 1, there bas been no doubt respectiug the ■opinion of the supreme court of the United States. Af ter the most faithful and exhausting argument by counsel, and a care- f ul consideration by the court, the conclusion was unanimously reached that a judgment against one joint trespasser is uo bar to a suit against another for the same trespass; and that nothing short of full satisfaction, or that which the law must consider such, can make eaoh judgment a bar. �This would seem to cover the case. As the pleas do not allege satisfaction of the judgment, the motion to strike out must prevail, with costs. ���United States v. Fosier and others. (Circuit Court, E. D. Virginia. February 19, 1881.) �Election Officees— Ret. St. S 5515. �In order to convict an offlcer of an election, in which s representa- tive in congress is voted for, of neglecting or refusing to perform any duty in regard to such election, under section 5515 of the Revised Statutes, it must be shown that such neglect or refusai wascoupled with some wrongful purpose, motive, or intent. �AuDrroB's Reckipt— Code dp Viuginia, e. 43, } 7. �Section 7 of chapter 43 of the Code of Virginia, deflning how money shall be paid into the state treasury, provides, among other things, that after the amount paid shall have been lodged in a bank, and a certiflcate of the f act delivered to the treasurer, " the treasurer shall give a receipt for the sum so paid ; agd, upon the same being deliv-t ered to the auditor, * * * he shall grant a receipt therefor." Meld, nnder this section, that areceipt signed by the auditor's clorfc ■was sufiicient. ' r. ��� �