
    LAFLER v. MONROE CIRCUIT JUDGE.
    Civil Damages — Saloon-Keeper’s Bond — Joint Action — Remission of Judgment.
    An action for civil damages against a saloon keeper and his bondsmen is joint, and a remission by plaintiff of so much of a judgment recovered in such action as is in excess of the penalty of the bond inures to the benefit of the principal as well as of the sureties.
    
      Mandamus by Martha E. Lafler to compel Edward D. Xinne, circuit judge of Monroe county, to enter an order reforming a judgment.
    Submitted November 7, 1898.
    Writ denied December 6, 1898.
    
      John O. Zabel and C. A. Golden, for relator.
    
      Watts, Bean & Smith (Landon & Lockwood, of counsel), for respondent.
   Per Curiam.

The plaintiff recovered a judgment in the Monroe circuit court against one Fisher, a saloon keeper, and his bondsmen, in the sum of $5,000. The penalty of the bond was but $3,000. The defendants moved for a new trial, and the court ordered that a new trial be granted unless the plaintiff remit down to the penalty of the bond. The plaintiff, on the hearing of the motion, asked for judgment for $3,000 against the sureties, and for the amount of the verdict, $5,000, against the principal. This application was denied, and mandamus' is now sought to compel the circuit judge to enter such order.

The action is joint. A satisfaction by one defendant would discharge the action. There is no provision of. statute for severing in an action ex delicto, or for entering a judgment in one sum against one defendant, and in a greater sum against another.

The writ is denied.  