
    Case Wo. 7,951.
    KURTZ v. BECKER et al.
    [5 Cranch, C. C. 671.] 
    
    Circuit Court, District of Columbia.
    March Term, 1840.
    Pleading at Law — Action of Covenant — Action AGAINST Two — NoL. PkOS. AS TO ONE — Judgment against Other.
    In covenant against two. if one plead infancy, and it be found for him. the plaintiff may enter a nolle prosequi against him, and have judgment against the other.
    [Cited in 51undy v. Stevens, 61 Fed. 86.]
    Covenant, against John H. Becker and John Dove. Becker pleaded infancy, and the jury found a verdict for him upon that issue. The plaintiff [Peter Kurtz] entered a nolle prosequi as to him, and obtained a verdict against Dove.
    51r. Brent, for Dove,
    moved in arrest of judgment; and cited Green v. Charnock, Cro. Eliz. 762.
    5Ir. Bradley, for plaintiff,
    cited Minor v. Mechanics’ Bank, 1 Pet. [26 U. S.] 73.
    
      
       [Reported by Hon. William Cranck, Chief Judge.]
    
   THE COURT

(nem. con.) overruled the motion, and ordered the judgment to be entered up against Dove.  