case tempt Hardwicke hill versus Fleming and other where in a action against  three one plead that himself and another be not guilty upon which issue be  join and verdict for the plaintiff hold that this be a informal not a  immaterial issue aliter semble have the verdict be for the defendant action of  assault against three defendant two of they come in and confess the action and  the other plead in this manner and the say defendant I f come and defend the  force c and say that the say I f and h one of the other two defendant be not  guilty of the assault upon which issue be join and the jury find that the say  I f be guilty of the assault in manner and form as plaintiff have declare and  assess damage hereupon it be move in arrest of judgement for that this be a  immaterial issue and upon such a issue the jury can assess damage I salk Lord  Hardwicke c j this be not a immaterial but a informal issue and as this  verdict have find it be well enough it be good either by reject the word which  shall not have be in the plea or by not reject for accord to the rule for  reject word these may be reject as be repugnant to the other part of the  record which go before and to the verdict which follow they and therefore as  not applicable to the person that plead nor to the verb which be in the  singular number but without reject they the verdict here be find for plaintiff  it will be well if this be only have English it will be help as have Latin  will have be where several defendant plead not guilty they say in general non  are worthy of blame and they do not say that they nor each of they be riot nor  be guilty and yet that general expression refer to each of they several and be  therefore of the same import as such a particular import will be and if this  plea have be so several and particular that will be a good plea for defendant  because it be a denial case tempt Hardwicke er p or himself though the rest of  the plea as to the other have be surplusage this issue must therefore be take  in the same manner but however as I say the verdict be find for the plaintiff  make it a good issue though it may have be a immaterial issue if find for  defendant like as where a defendant plead payment before the day if the  verdict be for the defendant the issue will be good but if the verdict be for  plaintiff the issue be then immaterial because there then appear no breach  whereas if find for defendant it be a discharge and therefore good and so be  Nicholls case   and here if the verdict have be that all the defendant be not  guilty then the issue will have be immaterial but as it be it be well enough  case tempt Hardwicke lee I a immaterial issue be when a issue be join upon a  fact which do not tend to the determination of the dispute between the party  but though there may be a plea which will he have on demurrer for that reason  yet if issue take upon it the verdict may fix the fact for one of the party so  as to settle the dispute the most that can be say in this case be that the  plaintiff have join issue informally rule for stay all thing discharge see wms  sand u Com dig pleader r