
    Aeby vs. Rapelyea and others.
    Where the maker and endorsers of a note are sued together under the act of 1832, and a verdict passes in favor of all the defendants, without any severance of the action, only one judgment can be perfected against the plaintiff
    But if there be a severance either before or on the trial, a defendant who succeeds may perfect a separate judgment, without reference to his co-defendants.
    Motion to set aside judgments. The defendants, who were the maker and several endorsers of a promissory note, were sued together under the act of 1832, ch. 276. Each of the three parties defended by his own attorney, and a . verdict having passed in . favor of -all the defendants, without any severance, of , the action, .they taxed costs and perfected three several judgments against the plaintiff, which
    
      I. Harris, for the plaintiff, now moved to set aside.
    
      P. Gansevoort, contra.
   By the Court, Bronson, J.

"Where there is a severance of the action, either before or on the trial, a defendant who sue- ■ ceeds may perfect a separate judgment against the plaintiff, without reference to the co-defendants. (Statutes of 1832, p. 489, § 4.) . But where, -as in this case, all of the defendants succeed on one trial without a severance of the action, only . one judgment should be perfected against the plaintiff.

Motion granted.  