
    Conner v. Cockerill and Gault.
    If several damages be assessed upon a writ of inquiry on a judgment by default, in an action of assault and battery, against two, the plaintiff may enter a nolle prosequi against one and take final judgment against the other.
    This was a joint action of assault and ba'ttery against the master and mate of a vessel. There was judgment by default, and a writ of inquiry, and several damages assessed, namely, one cent against Cockerill, and dollars against Gault.
    
      Mr. Neale, for the plaintiff,
    moved for leave to enter a nolle prosequi against Cockerill, and take judgment against Gault.
    
      Mr. Hewitt, for the defendants;
    opposed the motion, and cited Hill et al. v. Goodckild, 5 Burr. 2790.
    
      Mr. Neale, cited Ammonett v. Harris 8f Turpin, 1 Hen. & Man. 488 ; Mitchell v. Milbank, 6 T. R. 199; Miner v. Mechanics Bank, 1 Peters, 73; 1 Wheaton’s Selwyn.
   The CouRT

(nem. con.) was of opinion that the plaintiff had a right to enter a nolle prosequi as to Cockerill, and take judgment against Gault.  