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4. An action for mesne profits is in origin an action of trespass. It is, therefore, regulated by these broad principles which apply to and are now well settled as being applicable to actions for damages against wrong doers. In such actions joint wrong doers may be sued jointly or severally.

5. In Pollock on the Law of Torts, 10th edn. p, 206 the principles are stated thus:

Where more than one person is concerned in the commission of a wrong, the person wronged has his remedy against all or any one or more of them at his choice. Every wrongdoer is liable for the whole damage, and it does not matter, whether they acted, as between themselves, as equals, or one of them as agent or servant of another. There are no degrees of responsibility, nothing answering to the distinction in criminal law between principals sand accessories. But when the plaintiff in such a case has made his choice, he is concluded by it. After recovering judgment against some or one of the joint authors of a wrong, he cannot sue the other or others for the same matter, even if the judgment in the first action remains unsatisfied. By that judgment the cause of action transit in rem judicatium and is no forger available. The reason of the rule is Stated to be that otherwise a vexations multiplicity of actions would be encouraged.