Piles v. Plum & Swann

Decided November 15, 1811

Tkespass for beating a mare, and breaking her leg with an axe, so that she died. The defendants had been taken at different times and had pleaded severally. offered to examine the defendant Swann, as a witness for Plum, the other defendant. and contended that there could be but one judgment although the verdicts might be several.

Decided 1811-11-15

The Court,

¶1with some hesitation

(Fitzhugh, J., absent,)

¶2permitted the defendant Swann, to be examined. See United States v. Pawling et al. in the Supreme Court of the United States, 4 Cranch, 221; Harper v. Smith, in this Court at July term, 1808, (1 Cranch, C. C. 495,) and the United States v. Hunter et al. at November term, 1807, (1 Cranch, C. C. 446,) and the United States v. Abbot, in the District Court, (not reported.) But see below, Johnston v. Chapman & Alexander.