
    Pickle and Another v. Byers.
    
      Wednesday, June 12.
    APPEAL from the Knox Circuit Court.
    
      Samuel Judah, for the appellants.
    
      C. M. Allen and N. TJsher, for the appellee.
   Per Curiam.

Suit against two, for a tort committed jointly. Several judgments for damages. This was error. Ind. Pr., p. 144. This case differs from Johnson v. Vutrick, 14 Ind. 216, in this: that here, the trial was a joint one, a single verdict, and the Court trying the cause had the whole matter before it. No plea, or motion, was required to bring before the Court any former judgment. See 2 Hilliard on Torts, p. 464, et seg.; 1 Archb. Pr. 218, 219; 6 T. Rep. 199, 200; 1 Wilson, 30, and 306.

The judgment is reversed, back to the issue, with costs. Cause remanded for a new trial, &c.  