The common law epitomiz'd with directions how to prosecute and defend personal actions, very useful for all lawyers, justices of peace, and gentlemen : to which is annexed the nature of a writ of error, and the general proceedings there upon : with a plain table for the easie finding out of every particular / by William Glisson and Anthony Gulston ...

The Assignment of Errors, 1. by whom; 2. at what time; 3. upon what Record; 4. of what things.

Assignment of Errors is in place of a Decla∣ration, 9 Edw. 4.32. for therein the Plaintiff de∣clares, why the Defendant should not have execu∣tion upon his Judgment.

If one brings a Writ of Error, and he and ano∣ther assign Errors, this is good, as to him that brought the Writ of Error, and void as to the other, for that was but superfluous; but if two brought error, and one assign errors, this is not good to either, because the Writ was joynt, Mich. 9 Jac. in the Chequer Chamber, Shakely versus Porter.

Conusor of a Fine shall not assign error in the Conusance to reverse his own Fine, which is his own act; neither the Conusee in the Grant and Render, which is his act; neither the Recoverer in the Recovery, Coke 5. part. 39. B. for they ought not to defeat, but to maintain their own acts.

Executor in Error by him upon a Judgment given against him, shall not assign for error, that the debt was but upon a simple Contract, Com. 182. A. 10 Hen. 6.24. for he might have pleaded it in barr of the Action.

Party shall not shew error in Process, unless he shews that it is for his advantage in his prosecu∣tion, 7 Edw. 3.25. Coke 8. part. 59. A. Nat. br. 21. F.

But may afterwards shew that the Judgment is erroneous by reason of such Error, Coke 8. part. 59. A. Beechers case, 14 Eliz. Dyer 315. pl. 99. and then is his proper time to do it.

Reversioner not being made a party shall not assign for Error, that the Sheriff made a warrant to the Baily to make a pannel where the party was guisdable, 3 Hen. 4.6. for the trial concerns him not.

The Successor shall assign for error, that his Predecessor was but named Gardein, 15 Edw. 3. Error 7. where he ought to have been otherwise named.

Error shall be assigned before a Scire facias shall be awarded, 24 Edw. 3.31. pl. 8. for that is the ground of the Scire facias.

For after a Scire facias awarded the Plaintiff cannot assign error in deed, 22 Edw. 4.45. for upon the return of the Scire facias the Defendant is to come in, and to hear the errors assigned upon the Record.

Upon a Judgment given upon a Demurrer in Law, and a Writ to enquire of dammages award∣ed, and a Writ to enquire of dammages award∣ed, a Writ of Error was brought, and he assigned errors, 17 Edw. 3.5. and good, as it seems. Quaere tamen.

If the Record and the Writ of Error do not agree, Error cannot be assigned upon that Re∣cord, Error cannot be assigned upon that Re∣cord, 9 Hen. 6.4. 2 Eliz. Dyer 180. pl. 48. 28 Hen. 6.11. for it shall not be judged to be

the same upon which the Writ of Error was brought.

If the Writ of Error be faulty in substance, errors shall not be assigned upon the Record, but shall have a new Writ, Quod coram vobis residet, 3 Hen. 6.3. & 26.5 Mariae Dyer 164. pl. 58. that is, upon the Record, which is removed, and re∣mains where the new Writ is brought.

But if it be false Judgment, then there must be a new Writ to the Suitors, who were the Judges; for it is not of Record, 3 Hen. 6.26.

If Error be put without a day, there shall be a new Writ before that error be assigned, 26 Hen. 6. Scire facias 33. Nat. b••. 20. G. for the old Writ is null, and so the Judgment stands as if no writ had been brought.

Upon a Bill sealed a man shall assign error, per Westm. 2. cap. 31. 11 Hen. 4.52. 27 Hen. 8.15. 25. Coke 9. part. 13. B. Dowmans case, 9 Assize 8. 14 Hen. 4.15. 4 Hen. 6.15 A. Martin, 33 Hen. 6.34. Littleton pl. 9. 7 Hen. 6.37. 10 Hen. 7.8.

And if the bill is refused to be sealed, the party shall have a writ to compel them to seal it, Regist. orig. 182. A, & B.

But by Hill Justice it is intended of a thing pleaded in Court; for otherwise it shall not be sealed, for the Judges are not to take notice of it.

Challenge in an Assize was put in a bill sealed, and good, 9 Assize 8. 21 Edw. 4.11. 20 Edw. 3.63. Lib. Intra. 346. C. 27 Hen. 8.24, 25.

Priviledge claimed, and not allowed, there may be a bill sealed, 22 Edw. 4. Priviledge 1.

Conusance claimed, if the plea be challenged by one that is not party, there cannot be a bill sealed, 20 Edw. 3. Conusance 46. for it concerns him not.

A Patent to three to take an Assize where two take it, there may be a bill sealed, and error upon it, 29 Assize 42.

11 Hen. 92. Assize, the Tenant shews that the Sheriff was beyond Sea, and had a bill sealed of it.

• 1. Although the bill did bear date after the Record removed; yet it is good.
• 2. Although the party did not bring it within the bill, but the Justices; yet good.
• 3. The party shall have a writ to the Justices, commanding them to seal it, where they do re∣fuse to do it.
• 4. A writ to the Justices ad cognoscenda sigilla. vid. antea.
• 5. Two Justices seal it, yet one of them may deliver it; for the sealing, not the delivery, is the principal matter.
• 6. The party brought a Scire facias ad cog∣noscend. sigilla, before the Justices come in Court; yet good, for after that they come the bill was of Record ab initio, and so the Scire facias may have a good relation.

Upon a transcript of the note of a Fine error shall be assigned, and if Error appears they shall send for the note it self, and reverse it, 21 Edw. 3.24. 16 Edw. 3. Record 35. 40 Assize pl. 29.

For otherwise perchance the Fine may not be ingrossed, which may prove mischievous, 1 Mariae Dyer 89. pl. 4. Lib. Intra. 296. A. sect. 1. Fines, Nat. br. 20. B.

But note, 5 Mariae Dyer, Record 79. the Record shall be certified, and no other proclamation shall be made. This is intended of a Fine with Pro∣clamations.

But 1 Mariae, Dyer 89. pl. 4. è contra. Ergo quaere.

Upon a transcript in Parliament error is assign∣ed, for the Chief Justice brought up the Record, and reported it Ban. Regis, 8 Hen. 5. Error. 88. 23 Eliz. Dyer 375. pl. 19. 22 Edw. 3.3. pl. 25.

But in another Court it is otherwise, 40 Assize 29. Nat. br. 20. F. Quaere rationem. It seems, be∣cause all Courts agree not in one way of proceed∣ings.

Upon an award by the Justices upon return, upon a writ of Priviledge, no writ of Error lies, Coke 8. part. 127. B. case of the City of London; for this is no judgment upon Record.

Upon allowance of claim by the Justices of the Forest, 21 Edw. 3.48. pl. 70. error lies, vid. antea, for it is in nature of a Judgment.

Upon a Judgment in an annuity, and after that a Judgment in a Scire facias upon the judgment; Error is brought upon the former judgment, the Record shall be removed, 11 Hen. 4.4. viz. the whole Record, as it seems.

Error upon a Fine with proclamations, the proclamations shall be certified, Com. 265. A. Fishes case▪ for they are part of the Record by virtue of the Statute.

A Writ of Error shall not be awarded until the final judgment be given, Coke 11. part. 40. A. Met∣calfs case, 7 Rich. 2. Error 68. for the tenour of the Writ supposeth the judgment to be given.

Unless the Award be ad grave dampnum, Coke 11. part. 41. A. Metcalfs case; for then it seems a necessity to grant it before.

As in Debt against many by several Praecipes, and judgment is given against one, he shall have error, and the pleadings shall be several from the original, and if Error be in the original, tenore tantum shall be certified, Coke. 11. part. 41. A.

Judgment in an Account quod computet, error lies not until the final judgment, Coke 11. part. 38. B. 21 Edw. 3.9. 1 Hen. 7.2. B. for the judg∣ment is not perfect and entire before, nor the Re∣cord made up.

When an Action of Trespass is in part deter∣mined, error lies not until it be determined all, 32 Hen. 6.5. pl. 5. 36 Hen. 6. Coke 11. part. 39. B. for before the whole Action is not determined, and so no compleat judgment.

So in a Formedon, 12 Eliz. Dyer 291. pl. 67. Coke 11. part. 39. B.

So in Trespass against two, 34 Hen. 6.41. pl. 9.

So in a Quare Impedit, 34 Hen. 6.41.

So in Partition, Mich. 40, & 41 Eliz. Com. Ban. Countess of Warwick against Henry Lord Bark∣ley. All upon the same ground.

If error be brought before the fourth day in Com. Ban. yet it is good, because of Record at the Commencement, 34 Hen. 6. Quaere, whether so in Banco Regis.

In an Assize of Darrein Presentment, a Writ was awarded to the Bishop, and the Assize is for dammages, error brought and allowed, 17 Edw. 3.5. pl. 12. for this was a judgment.

Error upon a judgment in a Scire facias upon a Fine, and no Record removed, but the pro∣ceedings upon the former judgment, and yet good, 20 Edw. Error 2. viz. the Fine which is a Judgment in its nature, and the Scire facias is but to have Execution upon it; yet it seems better, if all were removed.

Upon a Praecipe quod reddat judgment is given; and error brought; the original, nor the judicial Writ, nor the essoyn shall be removed, 2 Edw. 3. Error 2. Thorpe 37. Assize 5. but only the Record of the judgment; for there the error is only sup∣posed.

Unless Error be assigned in the Original, 24 Edw. 3.24. and then it must be removed, viz. the te∣nour of it.

And then the transcript of the Record only shall be removed, 34 Assize 7. 36 Hen 6.13. for the Record is supposed not to be erroneous.

Error upon an execution upon a Statute-Mer∣chant, and error in process assigned, the original shall be removed, 18 Edw. 3.24. for the original is part of the process.

And if it be of Ancient demesn Lands, the O∣riginal shall be removed, 34 Assize 7. out of that Court.

But Error upon a judgment in Ireland, the O∣riginal shall not be removed, 74 Assize 7. 37 Assize 15. Finchden. Quaere rationem; it seems, because it is a Record of another Kingdom.

Error lies not upon a Fine or Common reco∣very for false Latin, rasure, interlining, mis-entry of the warrant of Attorney, Proclamation mis-returned, or not return of the Sheriff, or default of form in words, 23 Eliz. cap. 3. This Statute was made in favour of Fines, and to sup∣port them, because they are the common Assu∣rances of the land.

And by 27 Eliz. cap. 9. this extends to Fines in Wales, and Recoveries there.

But if the fine be passed before the Kings Sil∣ver be entred, it is Error, No. Lib. Intra. 231. A. sect. 2. viz. for the not entring of it; which is paid pro licentia concordandi.

If a Writ of Covenant be returned before the Teste, this shall be amended, Coke 5. part. 45. B. Gages case; for it is the misprision of the Clerk.

The Caption before the Teste of the Dedimus, is no error, No. Lib. Intra. 255. C. Sect. 11. for the same reason.

Pasch. 1. Jacobi Regis, Rot. 426. the Countess of Bedford against Foster, 1. Error assigned was, because the Writ of Covenant was of eight Mes∣suages and two Tofts, and the Fine certified is of eight Messuages and two Messuages, but non allo∣catur, because the Record hath relation to the Writ of Covenant. 2. Error assigned, because the Indorsement was Executio istius brevis patet in quadam panella &c. where it should be in qua∣dam schedula, sed non allocatur, because in substance it is the same thing, expressed by divers names.

Mich. 30 Eliz. Ban. Regis, Austein & Steede versus Conaway & Webbe, a Fine was levied of

two Tenements, and void, because a Praecipe lies not of it; this case is entred, Hill. 30 Eliz. Rot. 165. for a Tenement is a thing incertain, of which a Fine cannot be levied.

Infancy good Error in a Fine, Nat. br. 21. D. 3 Hen. 6.16. B. 2 Rich. 3.1. 17 Edw. 3.53. pl. 33. 27 Assize pl. 53. if it be brought during his Mi∣nority, that he may be inspected by the Court, and his Age proved.

But if he come to full age it is not; for then he is not in the same condition as he was when he levied the Fine, 17 Edw. 3.53. pl. 33. Greene, 17 Assize pl. 17. no•• can it be so well tried.

And although the other ject a protection, yet if the Infant be inspected when he comes to full age, he shall have the benefit of his nonage, 22 Edw. 3.6. pl. 24. 21 Assize pl. 10. for the Infant could not proceed to reverse the Fine during his Infancy, by reason of the protection.

Feme Covert, as Feme sole, levies a Fine, this shall bind all but the Husband, Coke 7. part. 8. Bedfords case, 17 Edw. 3.52; & 78. 7 Hen. 4.23. because as to him she was covert, and could not act without him, though not in respect of o∣thers.

But if the Husband enters and dies, the Fine is void without more suit to all parties concerned, Coke 7. part. 8. Bedfords case, 7 Hen. 4.2.23. for that shews his disagreement to his Wives act.

But if living the former Husband, and she take a second Husband, and they levy a Fine; this is utterly void, because the second Marriage is void, 7 Hen. 4.24. B. Gascoign, 9 Hen. 6.34. B.

pl. 3. This was before the Statute of Jac. a∣gainst having two wives or two husbands.

Note, when a thing is amendable before the Writ of Error brought, it is amendable as well after, and this by a Superiour Court, as well as an Inferiour Court, Coke 8. part. 162. A. Blacka∣mores case; for the Writ of Error doth not hin∣der such amendments.

Note, that those things that are not amendable and yet vicious, are Errors at this day, for there is no other way to redress them.

When Judgment is given, but not upon a ver∣dict of 12. upon Issue joyned, there are 7 Errors not amendable, Coke 8. part. 162. A. Blackamores case; as upon a Judgment by default, by Nihil dicit, non sum informatus, or upon a Demurrer, &c. Vid. some alterations by a late Statute temps Caroli Secundi, concerning Errors.

Want of the Original Writ, No. Lib. Intra. 246. D.

Misprision of the form of the Original, false Latin in it, or variance from the Register.

Material variance between the Original and the Count or Declaration, as C.W. in the Writ, and W. W. in the Count, Coke 5. part. 37. Bishops case.

Jeosail, fault of Colour, insufficient pleading, or some default of the person, or of his Coun∣sel.

Error, or misprision of the Judges in another Term, Misericordia pro Capiatur, & è contra, Coke 8. part. 59. A. 41 Eliz. Dyer 315. pl. 99.

Want of warrant of Attorney.

Error in pleas of the Crown and Appeals, or in proceedings upon them, they are not amendable, for they are excepted out of the Statute of A∣mendments; and also Error in the exigent to make one to be outlawed, Coke 8. part. 162. A. Blackamores case, Br. 10. This is in favour of life and liberty, and property.

When Judgment is given upon a verdict of 12. men, upon issue joyned, there are 10. Mispri∣sions not to be remedied or amended, Coke 8. part. 163. Blackamores case.

Material variance between the Original and the Count, Coke 5. part. 37. Bishops case.

The Original is Barbara, and the Count is Bar∣baria; this is erroneous, Mich. 9 Jac. Ban. Regis, Harrison & Fettiplace, for they are two several names, and so may be two several persons.

Waste brought in Burrum Appleby, and Flack∣bridge, and the Count is of waste made in Bur∣rum Appleby & Flackbridge Park in Langton, and it is variance, because there is more in the Count than in the Writ, Hill. 12 Jac. Com. Ban. Coun∣tess of Cumberlands case, and so it may not be for one and the same matter.

When the Original and the Count differs in the substance, Coke 5 part. 45.

Husband and wife brought debt, or an Action for rent due to them, where it was due to the wife before Coverture; this is aided by the Sta∣tute, and good after verdict, Trin. 9 Jac. Ban. Re∣gis, Peore versus Boule.

Hill. 36. Eliz. Ban. Regis, Rot. 610. Griffin versus Elliot.

Ejectione firmae wants (vi & armis) this is but a fault in form; and shall not stay Judgment after Verdict; and then it was also said, that these words are not material, for it may be without them, 7 Hen. 6.4. 17 Edw. 3.1. Q.

When the Venue is mistaken.

The Issue was, that within the Mannor of War∣grave, and it was of the Mannor of Wafield, de∣misable by Copy of Court Roll, &c. the Venue was of the Mannor of Wargrave, and good, be∣cause the issue was upon the Custome within the Mannor of Wargrave, Coke 11. part. 18. A. Ne∣vils case; but if one Mannor was in one County, and another in another, then it is otherways, Mich. 11 Jac. Ban. Regis, in the same case; for then that Jury could not try the issue.

1. Trin. 11 Jac. Ban. Regis, Morton versus Orde, resolved in a Writ of Error 1.

Infancy during Nonage shall be tried by the Justices by inspection and other proof in Court, Coke 9. part. 30. 17 Edw. 2. Account 122. 46 Edw. 3.8. 48 Edw. 3.11. 14 Hen. 4. after Nonage by a Jury.

2. If it be doubtful to the Justices, the Infant and the Witnesses shall be examined in Court, 25 Edw. 3.42. 50 Edw. 3.5.

3. If he be of full age in Actions reals, it, viz. the Issue, shall be tried where the Land lies, 21 Edw. 3.28. 38 Edw. 3.17. 44 Assize 10. 46 Edw. 3.7. 13 Hen. 4.3. 19 Hen. 6.51. for the Land is the principal matter.

4. If it be an Action personal as Ejectione firmae, it shall be tried where the Action is brought, 21 Edw. 3.7. 3 Hen. 6.40. 34 Hen. 6.50.

and so it was adjudged, because it is transitory, and not fixt to a place.

When the Retorn is by the Sheriff, where it ought to be by the Coroners, or è converso; for such is no retorn, because made by a wrong Offi∣cer.

When the Sheriff puts not his name to the Re∣torn of the Jury, as he ought to do; for else it cannot be known to be his Retorn.

When there is no Retorn indorsed upon the Venire facias, so if the name of the Sheriff be not put to the Writ of Inquiry of Dammages, Mich. 9. Jac. in the Chequer Chamber, Shackly versus Porter, for these are things of sub∣stance.

When one gives the Verdict that was not re∣turned in the Venire facias, though he be sworn.

When it appears to the Court by all the Record, that the Plaintiff had no cause of Action; for the Court is to judge of the Record.

In Appeal, or Pleas of the Crown, or in any proceedings upon them. Antea.

Or to the Writ, Bill, or Action, Informations, upon popular or penal Statutes.

Error in Law by misprision of the Judges in the judgment entred in another term, Coke 5. part. 57. B. Specots case; but in the same term it may, because all that term the judgment is in the breast of the Judges.

Action upon the Case in Cur. Wallingford, the judgment was, quod defend. capiatur; this is Er∣ror, being but an Action upon the case, Trin. 9 Jac. Ban. Regis, Northcot versus Heywood, for the Judge ought to be defendens in misericordia; for

it is capiatur only where the Action is vi & ar∣mis, in respect of the fine to the King.

Concessum est, where it should be Consideratum est; this is Error, although there are 21. Presi∣dents in my Lord Cokes Reports to the contrary, for by Man Secondary the Books are false printed, Mich. 8. Jac. Ban. Regis, Rot. 641. and by Williams, if it be videbitur Curiae; this is erroneous, for the Court is not to vary from their forms in such high matters as Judgment are.

If it be Capiatur against the Defendant in an Ejectione firmae, Mich. 8 Jac. Ban. Regis, Rot. 232. Dolby versus Holbrook, it is error, for it should be ideo in misericordia.

It is ordained per 27 Eliz. cap. 8. that if Error be brought in the Chequer upon a judgment in Ban. Regis, they shall not assign it in the Juris∣diction of the Court, or in form of the Writ, Return, Plaint, Bill, Declaration, Pleading, Pro∣cess, Verdict, or Proceedings; but only insist up∣on the matter in Law.

And also there is a Proviso, that it shall be in Debt, Detinue, Account, Covenant, Ejectione firmae, Traverse, Action upon the Case; and not in other Actions of a higher nature.

The party cannot shew Error in Process in delay of the Defendant, unless he shew that it is for his disadvantage, and that he is injured there∣by, 7 Edw. 3.25. Coke 8. part. 59. A. Beechers case.

Nothing that is done contrary to the Office of a Judge shall be assigned for Error, Nat. br. 21. B. 7 Hen. 7.4. for their Authority shall not be que∣stioned this way.

Granting of Aid where it should not be, is not Error, so of Receipt, 7 Edw. 4.12. 21 Edw. 4.65 B. 5 Hen. 7.8. 8 Hen. 7.9, 11. 14 Hen. 6.5. pl. 25. but if it be denied where it ought to be granted, it is Error; for none is prejudiced by the former, but by the latter the Defendant is prejudiced.

So of Garnishment, 14 Edw. 4.1. pl. 3.

So of making of an Attorney, Nat. br. 22. D. 21 Edw. 4.77.

But denial of Aid or Receipt, where it ought to be, is Error, Edw. 4.65. B. 5 Hen. 7.8. 8 Hen. 7.9. vid. antea.

When the Visne is mistaken, it is error, for there is no right trial.

Replevin, the Defendant prescribes to have all the Pasture of such a place in W. except Com∣mon for the Inhabitants of D. and the Prescrip∣tion being traversed, the Jury was of the Visne of W. only; and this was ruled good in Error brought, because the words of exception to the Inhabitants of D. was void, therefore this was not put in issue, Trin. 11 Jac. Ban. Regis, Wicker versus Stockeman, and so nothing in Dale was put in issue.

In Waste brought, the Issue was for certain Oaks cut for repairing of the Castle of Burrum, the Visne was of the Village of Burrum, where it should have been of the Castle of Burrum, this is Er••or, Hill. 12 Jac. Com. Ban. the Countess of Cumberlands case, for a Castle and a Village are two different places.

Trover and Conversion brought in Coventry, upon not guilty pleaded, the Visne was De Vi∣cineto Civitatis Coventriae, and this shewed in ar∣rest of judgment, sed non allocatur, and error up∣on in brought, and it seems that by Williams and Yelverton Justices, that it is error; for it should be of Coventry; for Vicinetum is of the Neigh∣borhood of Coventry, and excludes the City, and the Sheriff of the Country ought to make it out, 7 Hen. 6.36. B. 4 Edw. 4.39. 7 Hen. 4.12.80. In∣quest 36. Quare tamen; for the Court did ad∣vise about bringing of a new Action, and did not determine the Question, Pasch. 9. Jac. Ban. Regis, Procter versus Clifton.

Trespass for lopping of Wood in Hurslay, the Defendant pleads that the place is parcel of the Mannor of Mamden in the Parish of Hurslay, and the Custom is, that the Copy-holder may cut, &c. and found for the Plaintiff, and the Visne was of Hurslay, and it was moved that it was not good, for the Parish is not certain, because it may comprehend more Villages; but it was good per Curiam, because Hurslay shall be taken to be a Village and Parish, and shall not be intended, that there are more Villages in one Parish, ex∣cept it be shewed, 5 Edw. 3.20. Mich. 9. Jac. Ban. Regis, Brocke versus Spencer.

Hill. 9. Jac. Ban. Regis, Savil & Cavendish, Condition to pay money in the Church porch of the Parish of H. and pleads performance, the Visne was of H. and yet good, for as it seems the Village and Parish shall be intended all one, and the Parish shall not be intended to comprehend more Villages.

Debt upon an Obligation to perform Cove∣nants, and declares of the breaking of the Condi∣tion, because a stranger recovered the Land at Westminster upon a good title, where the Land lies in Com. Berks, the Defendant said that it was by Covin, without this, that it was upon a good Title, the Plaintiff said that it was upon a good Ti∣tle the Visne shall be of the County of Berks, where the Issue is joined upon the good Title, and where the Land lies, but contrary if the issue be joined upon the Covin; for that is alledged at West∣minster, but it was said, if it were a personal A∣ction, it shall be where the Recovery is alledged, Mich. 9. Jac. Ban. Regis, Hansaker versus Kirby.

Ejectione firmae of Land in S & T the Defendant pleads a Feoffment of the Land by Deed at S. the Plaintiff said non feoffavit, &c. the Visne was of S. and T. and good; for the alledging of the Feoffment at S, is idle; for it cannot be but upon the Land which is alledged to be in S. and T. Mich. 9. Jac. Ban. Regis. and so the Venue is rightly laid there.

Debt for 20 l. the Defendant pleads that at ano∣ther time the Plaintiff sued him in London, in such a Parish for the same debt, and shews the Record certain, &c. and that he had execution in another Parish, &c. the Plaintiff said that it was in debt for another 20 l. for the which execution was awarded absq, hoc that the plaint and the executi∣on was for the same 20 l. yet the Visne shall be in both Parishes, because the issue is as well of the execution as of the plaint, 5 Edw. 4.110.

A vouches B, who vouches C, and after issue tried, the former Vouchee, viz. B. dies, this shall

not be pleaded in arrest of judgment against A, but it is error, if judgment be given, 21 Hen. 7.80. pl. 1. Crooke, but if A die, it shall abate the Writ in facto, ibidem. because he is Defendant, and so no judgment can be given.

In detinue against A, he prays garnishment against B, which comes and pleads, and they are at issue, A dies, the Writ abates, ibidem.

Notes

• Assign Errors.
• Conusor.
• Executor.
• Party.
• Reversio∣ner.
• Successor.
• Scire fac.
• Demurrer.
• Record.
• New Writ of Error.
• False Judgment
• Error without a day.
• Bill sealed.
• Challenge.
• Priviledge
• Conusance
• Patent.
• Bill sealed.
• Transcript
• Priviledge
• Claim.
• Record removed.
• Proclama∣tions.
• Award.
• Account.
• Trespass.
• Formedon.
• Trespass.
• Quare Impedit. Partition.
• Day.
• Record.
• Praecipe quod red∣dat.
• Transcript
• Statute-Merchant.
• Ancient Demean.
• Fine and Recovery.
• Infancy.
• Feme Covert.
• Husband.
• Note:
• Note.
• 1. Original.
• 2. Form.
• 3. Count.
• 4. Plead∣ing.
• 6. War∣rant.
• 7. Appeal.
• What things are amendable after ver∣dict. 1. Material variance.
• 3. Mispri∣sion of the Visne.
• 4. Sheriffs Retorn.
• 5. Jury.
• 6. Venire facias.
• 7. Verdict.
• 8. Action.
• 9. Crown.
• Statutes penal.
• 10. Law. Judgment.
• Concessum est pro Con∣sideratum est.
• Jurisdictiō of Court.
• In process
• Judge.
• Visne.
• Visne.
• In Reple∣vin.
• In waste
• Trover & Conversi∣on.
• Trespass.
• Condition to pay money.
• Obligati∣on.
• Ejectment
• Debt.