Carthew rodney versus stride all I James two than p show SC Mod SC comb SC  trespass against the jury find they all joint guilty but sever the damage then  the plaintiff enter a nolle attendance as to two of the defendant this cure  the fault in the verdict cro Elizabeth Austen against Millard I Bulst Samson  against Cranfield raze Entr b upon a verdict against the defendant at  Dorchester LentAssizes judgement be give in Michaelmasterm follow the case be  in trespass and false imprisonment and impose the crime of treason on the  plaintiff c this action be bring against the defendant Mr stride of Lincoln S  inn and against Pemberton his clerk and against another who confess the action  but the defendant stride and his clerk plead joint not guilty and the jury  find they guilty joint and assess the damage several videlicet as to stride  and as to his clerk l and likewise as to he who confess the action and then  the plaintiff enter a nolle attendance as to the clerk and to the other who  confess the action and take his judgement only against stride for who now move  in arrest of judgement and the question be if the entry of this nolle  attendance have cure the fault in the verdict as to the assess the damage  several or whether a nolle attendance against those two defendant before  judgement be in nature of a release and so a discharge to all and it be argue  for the defendant that a nolle attendance before judgement be a release of all  and Parker for Laurence cro car Welsh versus bishop S p I roll Rep SC see roll  Abr the case of Laurence and Parker report otherwise than in hob hob f be cite  as a authority in point which be trespass against three one of they plead not  guilty and the other two justify the plaintiff reply and the defendant  demurrer to the replication but before any judgement be give on the demurrer  the issue be try and find against he who plead not guilty and thereupon  judgement be have against he and then the plaintiff enter a nolle attendance  as to the two who have justify and they all bring Carthew er p a writ of error  in the exchequerchamber and assign for error that the nolle attendance be a  discharge to they all which be very true if it have be before judgement and  admit to be so by the counsel for the plaintiff but here judgement be give  against he who plead not guilty therefore there be a end of the action as to  he and there be no judgement against the other two therefore they be not  discharge by the nolle attendance Carthew but this verdict be vicious in it  self and therefore can never charge the defendant stride and can be cure by  the entry of a nolle attendance or by a release of the damage now this verdict  be ill because where the defendant be charge with a joint trespass and the  jury find they all guilty at the same time they ought not to sever the damage  as to the case of Welsh versus bishop this not like the present case because  there the defendant sever in their plea and so they do in the case of Laurence  versus Parker for one plead the general issue and the other justify and this  so in all case where a remittitur be enter as to one and judgement take  against another joint trespasser their plead be always several and not joint  as in this case they be but notwithstanding the the plaintiff have judgement  and thereupon a writ of error be bring and it be argue for the plaintiff in  error that this verdict be void and repugnant because the jury find the  defendant guilty de to send forward I e equal guilty and afterward they sever  the damage by reason whereof one be make more guilty than the other and it be  lie down for a rule in law that what the plaintiff have lie joint in his  declaration the jury can not sever in their verdict and the case of Whorewood  versus Jackson be now cite which be late adjudge in the c b it be trover  against two defendant who plead joint not guilty and the jury find they guilty  de to send forward and afterward sever the damage and this be hold a ill  verdict though this contrary to cro car where it be hold that upon such a  joint plea in trover the jury may find one guilty of part to such a value and  another to such a value and sever the damage on the other side it be argue  that the defect of this verdict be cure by the nolle attendance and this very  reasonable it shall be so because the plaintiff may bring his action against  the defendant joint or several therefore after raze Ent a roll Abr verdict he  ought to have the like election as to the damage now this verdict have find  the defendant guilty and damage assess to those damage shall be apply to all  the defendant and therefore the find damage over as to be surplusage and shall  not hurt the verdict Carthew Rep cro James in pilford S case the plaintiff  declare in trespass to his damage of l and at the trial the jury assess damage  to and S cost and at the day in bank he release part of the damage and have  judgement for and cost de increment and this be hold good so that a verdict  which be quashable may be make good by matter ex post facto now several case  be cite to prove that a nolle attendance as to one before judgement be no  discharge to the rest all which may be see in the margin and the case of  Trebarefoot versus Greenvay late adjudge in b r and affirm in error be a case  in point which be thus videlicet trespass and false imprisonment be bring  against three defendant two of they plead not guilty the other justify c and  upon the trial the jury find they all guilty joint and assess damage several  videlicet as to he who justify and as to the other two who plead not guilty  and the plaintiff enter a nolle attendance as to he who justify and take  judgement against the other two for and the same objection be make in that  case as now but notwithstanding the plaintiff have judgement in b r which be  affirm in error for it be hold that the entry of the nolle attendance bad cure  the defect of that verdict and thereupon the plaintiff in the principal case  have judgement in b r which be likewise affirm in error in the  exchequerchamber and afterward in easterterm Willi Mr stride bring a writ of  error in parliament where the judgement be likewise affirm Carthew er p  Carthew de term sanct hill year James two b r