
    Case No. 3,112.
    CONNER v. COCKERILL et al.
    [4 Cranch, C. C. 3.] 
    
    Judgment against One Joint Defendant—Damages for Tort.
    If several damages be assessed upon a writ of inquiry on a judgment by default, in an action of assault and battery, against two, the plaintiff may enter a noile prosequi against one and take final judgment against the other.
    This was a joint action of assault and battery against the master and mate of a vessel. There was judgment by default, and a writ of inquiry, and several damages assessed, namely, one cent against Cockerill, and-dollars against Gault.
    •Mr. Neale, for plaintiff,
    moved for leave to enter a nolle prosequi against Cockerill, and take judgment against Gault.
    Mr. Hewitt, for defendants,
    opposed the motion, and cited Hill v. Goodehild, 5 Burrows, 2790.
    Mr. Neale cited Ammonett v. Harris, 1 Hen. & M. 488; Mitchell v. Milbank, C Term R. 199; Miner v. Mechanics’ Bank, 1 Pet. [26 U. S.] 73; 1 Wheaton’s Selwyn.
   THE COURT

(nem. con.) was of opinion that the plaintiff had a right to enter a nolle prosequi as to Cockerill, and take judgment against Gault.  