Rochester v. Anderson

OPINION of the Court, by

Judge Boyle.

— This was an action of trespass vi et armis, brought by Anderson against Rochester, Tadlock and others, for breaking and entering his dwelling house, &c. Rochester and Tadlock appeared to the suit, and pleaded jointly not guilty. The capias ad respondendum not being executed upon the other defendants, the suit was discontinued as to them. On the trial of the cause, after the plaintiff had gone through his evidence, the counsel for the defendant moved the court to send out the jury first as to Tadlock, that if they should find for him, he might be used as a…