Mich. 16 Jac. Easington versus Boucher.
EAsington brought an action of Debt upon a joynt Contract against: Sir John Boucher, Turner, Bolder, and one other; Turner appear and tender his Law, Sir John Boucher and another plead Nil debent, and the other was Outlawed; and it was said, that he ought to have joyned, but it was resolved by the Court that they may sever in Bars, but ought to joyn in Delatories; For otherwise if one which never bargained be joyned in the action, he must put his matter upon their pleadings. And in Debt upon a joynt Obligation, one may plead a Release, the other Non est factum, vide 48 E: 3. 21. and vide Presidents in this case according to this resolution, Trin: 26 Eliz: Rot: 821. Sabud against Robinson, Matson, and Loughton, and Count sur emisset, Waston and Loughton pleaded, and Non sum informatus by Robinson, Sed judicium inde cesset quousque, the Issue be tryed, and Venire fa∣cias awarded and found for the Plaintiff, Hil: 41 Eliz: Rot: 455.
John Periam and Margaret his wife, Executors of John Hart vrought an action of Debt upon Emisset against Thomasin Phelpes Widdow, Henry Pittard, and John Phelpes: John Phelpes was Outlawed, and Iudgment against Henry P. by Non sum informat. and Thom: P. plead Nil debet, Venire facias, and Iudgment respited quous{que} &c. and after tryall the Plaintiff had Iudgment.
Hil: 13 Jac: Rot: 841. Fleet brought an action of Debt against Ja: Har∣rison, and Isaac. Brooke upon Emissent: And James H. waged his Law, & Iudgment against Isaac. Brooke by nihil dicit. Et quia Conveniens est quod judicium de loquela praedicta unicum sit versus praedictos Isaac. & Jacobum si contingat ipsum Jacob. de perficiend. legem suam praedictam desicere, Ideo parcat in judicium inde versus praefatum Isaac. redden∣dum quosque praedictus Jacobus legem praedictam perficeret, sive inde desiceret & postea praedictus Jacobus perfecit legem suam. Ideo conside∣ratum est per Curiam quod praedictus querens nihil capiat per breve suum praedictum sed sit in miserecordia pro falso clamore suo inde, & quod praedictus Jacobus eat inde sine die. And according to this Pre∣sident it was agreed per Curiam that so it ought to be.