Oates & Aylett, &
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1681 |
| Date | 01 January 1681 |
| Court | Court of the King's Bench |
English Reports Citation: 82 E.R. 923
King's Bench Division
ALEYH, 74. THIN. 24 CAR. BANCO REGIS 923 [74] trim. 24 Car. B. E. gates & aylett, &c. trim. 24 car. eot. Error. In a writ of error upon a judgment in C. B. in trespass of assault and battery against four persons; after a verdict, upon not guilty pleaded, it was assigned for error, that one of the defendants being within age, appeared by attorney ; and the only question was, whether the judgment should be reversed against all, or only against the infant. And it was argued that the judgment ought to stand for the rest, upon this difference, that where a judgment is erroneous against one defendant, and the same action would not lye against the other only, there it should be reversed against all, as in conspiracy against two, &c. which lieth not against one only, but where the same action would have been good against the other defendant only, there the judgmeut ought to stand against him. And 5 E. 4. 7. a. cited, that if judgment in trespass be given against three, the one of which was dead, the others shall not have a writ of error upon that judgment, but only the executors of the party deceased. Bat it was resolved by Eoll, that the judgment should be reversed against all, because it is one and entire ; and accordingly divers presidents were cited by him, Trin. 14 Car. between Scudamore and Scriven, &c. in trespass against three, one died, hanging the writ, and judgment against all three was entirely reversed, against the book of 5 E. 4. which was denied for law. And 12 Jac. Judgment in a formedon de uno crofto et messuagio was wholly reversed, because a praecipe lyeth not de crofto, & Pasc. 18 Car. between Creetall and. Norefeild in error upon a judgment in Canterbury, in an action of the case upon two promises, where upon a verdict for the plaintiff, damages were taxed severally, and because one of the promises was insufficiently laid, the whole judgment was reversed. Vide Hobart...
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