
    GOLDING et al. vs. HALL.
    1. In trespass, where defendants sever in their pleadings, and separate verdicts are found against them, the judgment must correspond with the verdict.
    2. And plaintiff .must, elect against which of the defendants he will h ive execution,' as he can have but one satisfaction, and the other defendants will be discharged froth all liability, except foj costs, by the payment of the damages of the one against whom plaintiff elects to proceeds
    3. Where a plaintiff remits damages as to some of the defendants, judgment cannot be entered up against therm f°r damages found against’a co-defendant. ■ .
    Error to Talladega Circuit court.
    Trespass, guare clatisum fregif.
    
    This was an action of trespass, guare ■ .clausum fregif, brought by the defendant in error, against the plaintiff in error, and eight others. The defendants pleaded severally, not guilty.. The jury found the plaintiff, Reuben Golding, guilty, and assessed the damages to fifty .dollars: six others were found guilty,'and the damages as*, sessed to six and a fourth cents, each; and two were found not guilty. The plaintiff below remitted the damages as to the six defendants who were assessed' at six' and a fourth cents each, and the court rendered judgment against all the defendants who were found guilty for-the sum of fifty dollars, besides costs. "
    The error assigned is— ■' .
    That the court erred in rer.de’-ing judgment against, all the defendants for fifty dollars and costs. •
    
      
      Chilton, for plaintiffs in error,
   ORMOND, J.

The judgment of the court below, in this case, cannot be supported.

lit an action of trespass, where defendants sever in their pleadings, and separate verdicts are found against them, the judgment must correspond with the verdict, and the plaintiff must elect against which of the defendants he will have execution, as he can have but one satisfaction : and the other defendants will be entirely discharged, by the payment of the damages of the one against whom the plaintiff elects to proceed, from all liability, except for costs.

In this case, the plaintiff having remitted the damages as to six of the defendants, there can be no more reason for entering judgment against them for the damages found against the othe‘r defendant, than there would be for entering it against those who were found not guilty.

For this error, therefore, the judgment of the court below is reversed, and judgment rendered in this court against Reuben Golding for the damages assessed by the jury, and against all the defendants who were found guilty in the court below, for the costs of that court.,  