CCLV. Pye and Grunway's Case. Mich. 30 Eliz. In the Common Pleas.
IN Trespass brought by Pye against Grunway, and one B. The Plaintiff declared against Grunway only, who pleaded not guil∣ty: And it was found for the Plaintiff. And in Arrest of Iudgment, it was moved, That the Plaintiff in declaring against one only, had falsified his own Writ. To that it was said, That at the ut∣termost it is but a discontinuance, so but matter of form, and so re∣lieved by the Statute of 18 Eliz. But it was said by the Court, that it may be, That B. was outlawed at the Plaintiffs suit, and then the proceedings is determined as against him. And the Court demanded of the Clerks, If the use of the Court be not so in such case to declare, That Grunway simul cum B. utlagat. ad sectam Querentis did the Trespass? Who answered, Not in this Action: but in an Action of Debt, it is otherwise: And afterwards, not∣withstanding that Exception, Iudgment was given against the Plaintiff.