case raze scot and other against RUDDOCH easter term Elizabeth roll Eborum if  judgement he give in replevin against several defendant and one of they make a  release of all error to the plaintiff yet he can plead this release in bar to  a writ of error in prejudice of the other defendant SC   cro James yely jenk  Bulst hard palm Owen Hutton Bac Abr a   light dyer   cro James hawk croak  Elizabeth er p error by six of a judgement in the common plea in replevin  against they where one of the six videlicet r zin ik avow croak Elizabeth in  his own right for a amerciament in a leet scot and the other five make  conusance as his servant and judgement against the six and damage and cost  give against they to he discharge of the cost and damage the six bring error  and the release of scot hang the writ of all action be plead in bar it be  thereupon demurrer and move that this be not any plea for the difference be  where a action be bring by diverse in discharge of themselves the act of one  as nonsuit or release shall not prejudice his companion to bar they to proceed  in the suit as in hearing complaint by diverse there the nonsuit of one shall  not he a bar to the rest as Edward S verance S so of a attaint Edward  severance and ass accord a but where a action be bring to charge another if  the action be bring by div er the release or nonsuit of one of the party shall  bar his companion and this difference be put in hell pl and the book of Henry  pl be to he answer upon this reason where many be plaintiff in a attaint upon  a verdict against they in trespass the nonsuit of the one shall bar the other  be to he intend where they be plaintiff before and sue tolcliarge another and  accord hereunto be the opinion of fortescue Henry pl Gawdv hold that it be a  bar for the writ be to he restore to a personal duty Viz damage and cost which  they have lose which be personal the act of the one shall prejudice the other  but the case of hearing complaint be well to he agree for that be as well to  discharge the execution of the land which be in the realty as of the good and  therefore Henry bar and and tdw pl in a assize by two the release of one of  the plaintiff be no bar for the land nor for the damage because they ensue the  realty Popham gj the difference be good law where many be actor by way of  charge another the act of the one shall prejudice the other but otherwise it  be where they be plaintiff to discharge themselves for in the first case the  law presume a follow in they to join with one who may discharge all c but  otherwise it be on the part of the defendant for it be not in he to appoint  who she will he join with he in the action and when they be compel to join in  a writ of error oh r attaint to defeat a judgement it be not reason that the  act of one shall prejudice his companion d and the case will he more  mischievous for the plaintiff may bring a action against one who shall collude  with he and oust all the rest of their writ of error or attaint but if two he  plaintiff in debt and they he bar by a erroneous judgement and cost be tax  against they and they bring error to avoid those cost the release of the one  shall bar the other for it be their folly to join in the first action  wherefore c afterward be move again on another day Popham Clench and Fenner  agree that it be not any bar gawdy absent and it be so adjudge and day give to  examine the error