BURCHER and orchard mich bane sup arrest of judgement in a action on the case  for word Burdher bring a action upon the case forwords against orchard and his  wife tb jury find that the baron be guilty but that the feme be not guilty  Wadham Windham move in arrest of judgement because that the action be joint  and one of they be find not guilty and say it may have be otherwise if the  feme have be find guilty and the baron not guilty and cite Edward f yard on  the other side say that the verdict have make this exception good and if the  defendant will have take any advantage of it he shall have demurrer to the  declaration roll chief justice deny the difference take by Windham and say if  any of the defendant speak the word and be find guilty the action will well  lie and it be all one here as if the defendant be two stranger the action be  joint but the doubt be whether it be after a verdict this matter may be offer  in arrest of judgement at another day hale move for judgement and say it be  all one if any of the defendant be find guilty as if both of they be find so  and although it do appear by the declaration that the action can not be bring  joint against they both because the wrong be several and now one be find  guilty and the other be acquit and damage be assess against one only and now  the verdict have make the declaration good otherwise it have be if both have  be find guilty and entire damage give against both joint latch on the other  side say that the speak of the word can be a joint act and therefore ought not  to be so say in one declaration for they be several act and several ounce as  the word do proceed from they several and this case be not like the case of a  num  adv  so much nor the case of a joint indictment against two for a joint  indictment shall be account as several indictment and here if the feme have be  find culpable perchance it may have be good because though the wife only speak  actionable word yet the style report action ought to be bring against the  husband and the wife roll chief justice the declaration be not well lie for  this can be a joint speak of the word by the husband and wife and therefore  they ought not to be join in the action therefore there ought to be several  judgement and damage if vou recover videlicet one against the husband another  against the wife but here I a verdict find which help it and this case be all  on with hh the case of Edward for there the declaration be not good as it be  not here and here be not a verdict against both but only a discharge and he  cite RelAorick and chapel ease where a ejectment terr heir do not lie yet  there by release of damage to the heir judgement be give for the land and here  may have be a release of damage as to the wife if both have be find guilty but  here in effect be a judgement but against one of the defendant jerman Nicholas  and ask justice to the same effect a and so judgement be give for the  plaintiff