Berkley v. Wilson

Citations

• 87 Md. 219
• 39 A. 502
• 1898 Md. LEXIS 110

Syllabus

<p>Joint and Several Tortfeasors—Payment of Judgment Against One a Bar to Suit Against Another—Judgment of Non Pros, when Verdict Below Jurisdiction of ike Court— Tender.</p> <p>When a tort has been committed by two persons, each is liable in solido to the injured party, but that party is entitled to but one satisfaction.</p> <p>If the injured party has recovered a judgment for the injury against one of several tortfeasors, and the amount of that judgment has been paid or tendered, he cannot maintain an action against another tortfeasor for the same injury.</p> <p>When an architect agrees to make the plans for a building and to supervise its erection by a builder in accordance therewith, and the owner brings an action against the builder alleging the substitution of inferior material and defective work, &c., the verdict in that suit followed by satisfaction is a bar to an action against the architect for alleged failure to supervise the erection of the building according to the specifications.</p> <p>Code, Art. 26, sec. 17, provides that whenever a judgment of non pros, is entered because the verdict of the jury is for a sum below the jurisdiction of the Court, the judgment shall be a bar to any other suit upon the same cause of action, but the amount of the verdict shall be a debt due from the defendant to the plaintiff recoverable in any Court having jurisdiction to that amount or before a Justice of the Peace. Held, that where the plaintiff in an action against one of several parties who were jointly or severally liable recovers a verdict for one cent damages upon which there was a judgment of non. pros, because the amount was below the jurisdiction of the Court, the tender of that sum to the plaintiff is a bar to the further continuance of a suit against another party for the same cause of action.</p>