Page:Federal Reporter, 1st Series, Volume 10.djvu/472

 400 FEDEXSAL BEPOETBK. �that each of the defendants is to be held as for the same tort; but there may be several tort-feasors, each and all of whom are liable for the NVrong done. The fact that separate suits were brought does not exonerate either from his wrongful act. The plaintiff may have had, as in these cases, a cause of action against each of the defendants, and entitled to judgments accordingly if tried separately ; and why not such. separate judgments when tried at the same time, though one sounded in tort and the other in contract ? The distinctions drawn as to the relative duties and obligations of the two defendants are analogous to those imposed on a tow-boat in towing a steamer, as contradistinguished from or associated with the vessel towed. Judge Swing bas clearly analyzed the law in such respects in the recent case of Th^ James Jackson, 9 Fed. Eep. 6 le. The motions for new trial overruled. ���United States ex rel. Watts v. Justices of LAUDEROAiiE Countt. [Girouit Court, W. D. Tenneisee. Januar3' 27, 1882.) �1. CONTEMPT— MANDAM08 — BeBIGNATION OP OfFICERS. �It Is not a contempt of court for an ofBcer to reaign to aroid obedience to a Vrit of mandamua where he has an unrestricted right of resignation. �2, SaMK — CONSTITUTIONAI, LaW — TENNESSEE CONSTITUTION 1870, ART. 7, i 5, CON- �STRTJED. �The Tennessee constitution, art. 7, j 5, provides that " every offlcer sliall hold his office until his successor is elected or appointed and qualified." /Jdd, that this applies to a resigning offlcer, who must continue in the discharge of his duties until his successor is elected or appointed and qualified ; that the offlcer remains under an obligation to obey a writ of mandamus, notwithstanding his resignation, and is guilty of contempt if he fails to comply with the writ ; and the obligation passes to his successor when qualified. �Rule for Contempt. �The relator recovered a judgment in the circuit court of the United States against Lauderdale county for $25,664.32, interest and costs, on bonds and coupons issued by the county in aid of the Memphis, Paducah & Northern Eailroad, which judgment was afiSrmed by the supreme court. The circuit court thereupon issued a peremptory ■writ of mandamus requiring the 26 justices of the peace composing the county court to levy a tax as other taxes were levied, and to col- lect the same, to pay the judgment. In order to evade obedience to the writ 21 of the justices tendered their resignation to the county ��� �