Anonymous

I think the plaintiff is entitled to judgment. If two are sued, and both plead the general issue, and there is a verdict for one, the plaintiff may have judgment against the other.

Spiller then cited Gil. L. Ev., 159; 5 Re., 119, and the Court permitted him to enter his judgment.

Quere de hoc, BY REPORTER. — For if two be sued upon a joint bond, and both plead non est factum, and it be found for the one, and against the other then it appears one of them can never be made contributary. Though the plaintiff should be put to a new action, he is forever discharged by the verdict, and therefore the…