delivered the opinion of the Court.

The record presents no testimony whatever upon which the verdict and judgment can rest, as against Whinnery. (Digest, p. 698, sec. 19.) And although we would not disturb it as to Wooddy, against whom the testimony is by no means conclusive, if it was not against both. (Dig., p. 699, sec. 20,) yet being joint and clearly without testimony, as to one, it must be reversed, and the cause remanded.