Conner v. Cockerill 4 Cranch 3, 4 D.C. 3

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. & *4Man. 488 ; Mitchell v. Milbank, 6 T. R. 199; Miner v. Mechanics Bank, 1 Peters, 73; 1 Wheaton’s Selwyn.