Merger

torts, takes place where a person in committing a felony also commits a tort, against a private person; in this case, the wrong is sunk in the felony, at least until after the felon’s conviction. The old maxim that a trespass is merged in a felony, has sometimes been supposed to mean that there is no redress by civil action for an injury which amounts to a felony. But it is now established that the defendant is liable to the party injured either after his conviction, Latch, 144; Noy, 82; W. Jones, 147; Sty. 346; 1 Mod. 282; 1 Hale P. C. 546: or acquittal, 12 East, 409. If the civil action be commenced before, the plaintiff will be non-suited. Yelv. 90,a.n. See Hamm. N. P. 63; Kely. 48; Cas. Temp. Hardw. 350; Lofft, 88; 2 T. R. 750. Buller, J., says, this doctrine is not extended beyond actions of trespass or tort. 4 T.R. 333. See'alsol H. Bl. 583, 588, 594; 15 Mass. R. 78; Ib. 336. Vide Civil Remedy; Injury. The Revised statutes of New York, part 3,c. 4, t.1, 8. 2, direct that the right of action of any person injured by any felony, shall not, in any case, be merged in such felony, or be in any manner affected thereby. in our ancient books is the name of! unbelievers. Vide Infidel.