Summary

Edward Douglass White Ex parte Lockwood — Opinion of the Court

The fallacy results from a failure to distinguish between the right and the remedy. True, the remedy sought in Washington was the forfeiture of the vessel, and the same remedy was invoked in Oregon, but the causes of action upon which the remedy was prayed in the two cases were entirely different. As we have seen, not only identity of relief, but identity of cause of action, is essential to the plea of pending suit, and both are also necessary to the efficacy of the plea of the thing adjudged.
Source: Wikisource

Edward Douglass White Ex parte Lockwood — Opinion of the Court

The fallacy here lies in supposing that the bond took the place of the entire value of the vessel for any other purpose than the subject-matter of the suit in which the bond was given. The claim for forfeiture alleged in the cause wherein the bond was given was alone covered by the bond, and therefore the assertion of a right to forfeiture for another and distinct cause was not embraced in its condition, although its penalty was the full value of the vessel. The authorities are clear upon this point.
Source: Wikisource

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