McCool v. Mahoney

Citations

• 54 Cal. 491

Syllabus

<p>Joint Tort — Damages — Malicious Prosecution — Verdict—Judgment.— In an action for malicious arrest and prosecution, tlie verdict was: “We, the jury in the above entitled action, find for the plaintiff, against Mahoney $¡3,000, and against Small $500”; and judgment was entered accordingly. Held, that, the action being for a wrong in which both defendants joined, the damages could not be severed; and judgment reversed, and a new trial ordered.</p> <p>Id.—Dismissal of Action—Release.—Query: A motion of the respondent to vacate the judgment, and to dismiss the action as to the defendant Small, denied by the Court—the Court being of the opinion, that it was not clear but that it would operate as a discharge of both defendants, and that it was fairer to both parties to deny the application.</p>