
    The People, on the relation of D. M'Intyre, vs. Steuben Common Pleas.
    In an action of assault and battery where one of several defendants has a verdict, he is not entitled to have his costs set off against the recovery against the other defendants.
    Motion for a mandamus. Peter Probasco sued the relator and I. Baker and H. Fletcher in an action of assault and battery in the Steuben common pleas. The cause was put at issue and tried, and the jury found Baker and Fletcher guilty, and the relator not guilty. The relator applied to the common pleas to off-set his costs against the damages and costs of the plaintiff recovered against the other defendants, which was denied. He now applies for a mandamus.
   By the Court, Marcy, J.

The relator is not entitled to a mandamus. This very question is decided in Mordica v. Nutting and others, (Bull. N. P. 336.)

Motion denied.  