
    People ex rel. Henry Ellison v. The Circuit Judge for Marquette County.
    
      Judgment upon verdict and assessment together.
    
    A separate verdict against one of several joint parties will not authorize a judgment against all where there has been no assessment against the rest.
    Mandamus. Enright & Spencer made a partnership note payable to Ellison or order and Freeman wrote his name on the back. Ellison sued Enright, Spencer and Freeman in assumpsit on the common counts, serving a copy of the note with his declaration. Enright and Spencer were defaulted and a reference was made to the clerk to assess damages on an interlocutory judgment against them. Freeman pleaded the general issue and gave notice that he had signed without consideration and after delivery to the plaintiff, but a verdict was given for the plaintiff against him and the jury assessed the plaintiff’s •damages without including Enright and Spencer in the assessment.. After the jury was discharged, Ellison moved that the verdict be amended to show an assessment against all defendants, and that judgment be rendered thereon. This was refused and he then moved for judgment against Freeman alone on the ground that the action had become severed under Comp. L., §§ 5778 and 5786. This was also refused and he now asks mandamus to compel the court to grant one application or the other.
    Submitted June 17.
    Denied June 18.
    
      Dan. H. Ball for the relator.
   The Court

denied the mandamus, but held that the relator would be entitled to judgment upon an assessment against Enright and Spencer and the verdict against Freeman, taken together, and suggested that such judgment should recite that it was rendered upon such assessment and verdict. Storey v. Bird, 8 Mich., 316.  