case turner against brewer in a action for a malicious prosecution against two  defendant one of they alone can bring a writ of error S c stram Mr reeves move  to quash a writ of error which be ad grave damnum of one defendant only though  the judgement be describe in the writ to be against two Mr strange contra when  the judgement be joint the party may either join or sever in the writ of error  a bro joinder in account Herne pleader a the heir alone may bring a writ of  error of a judgement against the ancestor and another person summons and  severance in a writ of error lie only when the party come in on a to know  facias reeves in reply it be a action upon the case for a malicious  prosecution the damage be joint and entire if the judgement be to be reverse  it must be in toto and it will be very odd that one who be not a party to the  writ of error shall have advantage of the benefit of the reversal in ruddock  case b   b it be adjudge that they must join although the old book seem  otherwise if one defendant die the survivor may bring a writ of error but  there it must appear on record that one be dead a infant may have a writ of  error and the judgement may be reverse only as to he the late Act do not aid  this that be only to make the writ agreeable to the record Pratt chief justice  absent Eyre justice the damnum in the writ of error be that alone which show  who bring it therefore as this be it must be understand modern report that one  alone have bring this writ and I be of opinion that he can do it powys justice  certain one alone can bring this writ ruddock case be express that he can  fortescue justice where damage be joint they must join but where they be  separate they may divide in a writ of error modern report er p Eyre justice in  the case of Pennoyer v brace a ld ray S c salk S c Mod S c Mod see also will  dougl a in the latter end of king William time a writ of error be quash for  this cause the court quash the writ b see Herne v Herne Carth burr v atwood ld  ray rouse v etherington ld ray Cooper v ginger stram Ratcliff v Burton b r h  lady Cass v Title stram king v all saint in Derby stram Frescobaldi v Knyston  stram vavasour v Vaux will Knox v Costello burr Laroche v Wassborough term Rep  b memorandum case memorandum in this vacation Mr York be make solicitor  general modern report easter term the six of George the first in the king  bench sir John Pratt Knt chief justice sir Littleton powys Knt sir Robert Eyre  Knt sir John fortescue aland Knt justice sir Robert Raymond Knt  attorneygeneral Philip York Esq solicitor general