
    Johnston v. Chapman & Alexander.
    In trespass one defendant cannot be a witness for the other, in a joint action, although they plead severally.
    Assault and battery. The defendants severed in pleading, having been taken at different times.
    
      Mr. Swann, for the defendant,
    offered to examine the. defendant, Alexander, as a witness for Chapman, on the authority of the case of Piles v. Plum Sf Swann, decided yesterday.
   But

the Court

(Thruston, J., absent,)

refused, saying that the case decided yesterday is not to be considered as authority; the Court having since looked into the authorities cited in Loff's Gilbert, 250.  