
    M'DANIEL AND WOOTEN vs. WAGGONER.
    
      In Error. Trespass, assault and battery by defendant against the plaintiffs. They severed in pleadings, each pleaded not guilty, and issues. Against M'Daniel a jury was sworn, and assessed §14 damages. The counsel for Wooten then moved to have the suit as against Wooten struck off the docket, which was accordingly done by the court below, and the defendant discharged, to which there was a bill of exceptions and a writ of error to this court. For the plaintiff in error was cited. Sayers law of damages, 84. Esp. N. P. 319 to 321.
    
      If man action of trespass against two, they severally plead not guilty, & a Verdict is judgment is rendered against one, the plaintiff has a right to proceed to trial against the other.
   Per Curiam.

The judgment of the county court must be reversed : reason and authority are decisive of the point, though the plaintiff below could recover but one satisfaction for a joint trespass, yet he had the responsibility of both trespassers to secure this satisfaction ; the court had no power to deprive him of it. The rule in Heydon’s case, 11 Co. 6 7, seems to furnish a rule in this case, See 2 Wil. Ed. Bac. Ab. 272-3, in. n.

Let a procedendo issue to the court below.  