coke a ruddock case Trin Elizabeth in the king bench in replevin against six  the plaintiff have judgement the six who be compel to join in the writ bring  error and the defendant in error plead the release of one and upon demurrer it  be hold that this release shall not bar the other SC cro Elizabeth jenk cent  in this term between raze and a Cr James Yelv Bulst hard palmer roll Rep Com  dig pleader b Bac ab release g Mod a ruddock in a writ of error the case be in  a replevin against six one avow and the other five make conusance as bailiff  to the first for a amercement for the breach of a bylaw in a leet and there  judgement be give against they and the plaintiff recover his damage and cost  upon which the six bring a writ of error in this court in bar of which the now  defendant plead the release of one of the five upon which the now plaintiff  demurrer in law and it be object that forasmuch as it sound only in the  personalty in which no summons and severance lie therefore the release of one  shall bar all the other and a writ of error and attaint will follow the nature  of the action upon which they be find videlicet a Cr Elizabeth   light a a if  summons and severance lie in the first action it will lie also in the writ of  error or attaint as it be agree in b h b b h so be it in a writ of champerty  it will follow the nature of the first action as it be agree in Edward b vide  Henry b in attaint Henry b by fortescue but it be answer and resolve that it  be true when in the writ of error the plaintiff shall recover any personal  coke b thing as if they be bar in a action of debt trespass c for the release  of the one shall not bar the other but when the ground of action be a joint  interest which may be release but when diverse be charge in a joint action and  condemned there they have not any such interest though they be charge joint  then when they bring a writ of error to discharge themselves the release of  one can bar the other for they have not any joint interest or benefit but a  joint charge and burden which can be release or discharge unless by the  plaintiff who have the interest and benefit of it and this difference be take  and c Cr Elizabeth Cr James Mod c agree in h a b videlicet when two be to  recover a personal thing there the default of the one be the default of both  but when they be to discharge themselves of a personalty there the default of  one be not the default of both and Edward severance d Cr Elizabeth roll    light a Cr James   a e d in hearing complaint the nonsuit of one shall not  grieve the other for he be but to discharge himself of a burden and charge but  it may be object that in the case at bar they shall be restore to the damage  and cost which they have lose in the first action and therefore they have a  personal interest which may be release which objection may be make in the  hearing complaint for there they shall be restore to the value of the good  which be take in execution but forasmuch as by common intendment the execution  be do of good which the defendant have in severalty and therefore there be no  reason that the release of one shall bar the other and none will deny but when  six be condemned in damage and cost and they before execution bring a writ of  e Cr Elizabeth Cr James e error there the release of one shall not bar the  other for they sue only to discharge themselves and by consequence the sue of  execution afterward will not alter the case unless coke report a er p  execution be make of the good which they have in jointure or in common and  that will make a question and as to the book in h b where in a appeal four man  be outlaw and they four join in a writ of error and two make default it be  agree that it shall be the default of all for it be their folly that they do  join themselves in one writ who may have have several but in the case at bar  they be compel to join in one writ and so no folly in they and Popham chief  justice say that it be the plaintiff folly in a personal action to join with  one who will release but in the case at bar no folly can be impute to the  defendant for the plaintiff may name which of they he will and omit which of  they be please and be say by this way he may by confederacy join one with they  who will release all error to he vide a Cr Elizabeth hob a Henry a if damage  be recover against diverse in a writ of conspiracy and one of they bring a  attaint it be much debate if the writ be well bring or if all ought coke a to  join and there it be object if all ought to join then by the nonsuit or  release of one of they the other will be bar b Cr Elizabeth Yelv b and there  fortescue chief justice say that the nonsuit or release of the one will not  hurt the other no more than in hearing complaint or to know facias upon  release and by the rule of the book they ought to join in attaint so in the  case at bar the law compel the defendant to join in the writ of error not to  reap any benefit but to discharge themselves of a charge impose upon they and  for as much as the law can do no wrong therefore there lease of one who can  not be omit in the writ of error shall not in this case hurt the other and so  it be adjudge vide c Cr e c ass p a Vid sergeant williams note Jaques v Cesar  sand e a