Reports of Cases Argued And Determined in the Court of Appeals of ..., volume 9
Reports of Cases Argued And Determined in the Court of Appeals of ..., volume 9
Maryland. Court of Appeals, Richard W. Gill, John Johnson
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As it is true that the action of tres- pass will lie against more than one, and as the innocence of one, in fact or in law, is not a bar to the action, what objec- tion can there be when the ground taken in defence assumes the guilt of the defendant, and simply denies responsibility to the whole extent of the plaintiffs' demand, to permit the action to proceed ? If one entirely innocent may be united in the action with a guilty party, without defeating the action, why may not two, in part guilt...y, be united? The objection is grounded upon the distinct motives of the two defendants in bringing back the vessel ; each wanted the property he had sold. Eveiy agent has a different motive in the transaction — sheriff, labourers, and lawyer ; but if they all united, they are all responsible for their act. The act of one, is the act of all. It cannot be that where several entering into a house, claiming and taking away separate portions of its contents, all are not responsible with reference to the party injured.
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