Court of Appeals of Virginia April 15, 1804 (Whlte v. Tally)

TUCKER, Judge.

Regularly speaking, there was a mistrial, but it being in the same term, and the pleas the same, it was cured by the statute of jeofail. The declaration was against the.defendants jointly, and not severally, which therefore seemed to require a joint judgment; but, for the other reason, I am of opinion, that the judgment should be affirmed.

PER CUR. Affirm the judgment.