Whether a judgement given against one of two defendants were good.
An action of debt upon the Statute 7 Ed. 6. for selling of wine without licence, was brought against 2 defendants, they both plead nil debet, whereupon issue being joyned, a special verdict was found, viz. that as to one nil debet, and that as to the other he had drawn a pint of wine without licence, and upon this, judgement was given against him that was found culpable; it was questioned whether this were a good judgement. But Roll Chief Justice concluded it was a good judgement, and cited many cases adjudged in point to prove it, and one in particular in an action upon the statute for dying with logwood, and he took a difference between an action grounded upon a joynt contract, or a joint trespasse, and an action brought joyntly upon a statute against two, or for a tort done by two, as this is upon the statute. In the first case judgement cannot be given against one of the contractors, in the other it may.
Citations:
[1658] EngR 107, (1658) Sty 317, (1658) 82 ER 741 (A)
Links:
Litigation Practice, Licensing
Updated: 02 May 2022; Ref: scu.410898
