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 Judgment in Error. 1. For the Plaintiff. 2. For the Defendant. 3. For both.

In Error two things are to be done. 1. To reverse the judgment. 2. That the party be re∣stored to all that he lost by reason of the judg∣ment, 9 Hen. 6.47. B. Martin. Coke 5. part 39. B. Tayes case. Q. Whether he shall be satisfied for all his dammages? It seems he shall.

The judgment was that the Plaintiff should not be restored to the Land,* 1.1 with the mean pro∣fits, 11 Hen. 4: 93. pl. 49. Q. For a several A∣ction lies for the mean profits.

And 8 Hen. 6.2. A. Rolfe, that he shall reco∣ver the Land and the Issues of the Land, that is, the profits.

* 1.2The judgment was, Quod judicium reversetur & adunlletur, & quod Defendens de intrasione, intrusio∣ne, transgressione & contemptu, convincatur, & à possessione amoveatur & capiatur, &c. quodque re∣cordum mittatur in Scaccarium pro executione ha∣benda, &c. Coke 1. part 40. A. Altonwoods case. The Action and judgment were in the Exche∣quer.

In a Quare Impedit, that former judgment should be void,* 1.3 and the Plaintiff restored to all that he lost, 18 & 19 Eliz. Dyer 353. pl. 30.

Gardein recovers in a Quare Impedit in right of the Ward, the Defendant at full age of the Ward brought error, and a Scire facias against

the Ward, the Ward entitles himself by his anci∣ent right, and found for him. 1. The judgment shall be reversed against the Gardein, and yet the Defendant shall not be restored, because he is bar∣red by the plea of the Ward, 9 Hen. 6.47.: B. Newton.

The judgment was, that the judgment shall be reversed,* 1.4 and that the Plaintiff be restored to the Land, and to the issues taken in the mean time, 9 Hen. 4.6. pl. 19. that is, to the mean profits of the Land taken pendente lite.

The judgment was upon an Utlawry in felony,* 1.5 that the Utlawry should be reversed, and he re∣stored at the common Law to all that he had lost by this cause, 11 Hen. 4.53. pl. 32. 7 Hen. 4.40. B.

And that he should be restored at the Common Law to that he had lost, 3 Eliz. Dyer 196. pl. 39. viz. by reason of the Owtlawry.

Error by Executors of the Testators being utlawed was, that the Utlawry be reversed, and that they shall be restored to the goods of their Testator, seized by reason of it, 11 Hen. 4.65. pl. 22.

It shall be Quod judicium redditum staret in omni robore per Coke Chief Justice, Pasc. 12. Jac. Ban. Regis, Sir John Heydons case; and yet 21 Edw. 4.44. A. was quod judicium redditum remanebit stabile in perpetuum, nor the form is let judgment be affirmed.

Et ulterius concessum est, quod praedictus A, recu∣peret versus praefat.* 1.6 B. 10. l. eidem A. per Curiam Domini Regis hic adjudicat. juxta formam Statuti inde nuper edit. &c. promisis & costagiis & dampnis

suis quae sustinuit occasione dilatationis executionis praedict. praetextu prosecutionis dicti brevis Domini Regis de errore, &c. Lib. intra. 244. B. sect. 8. & 292. B,

By the Statute of 3 Hen 7. cap. 10. if error be sued before execution, and afterwards be discon∣tinued by default of the party that brings it, or he be nonsuited, or judgment affirmed, the other shall recover his costs and dammages by the dis∣cretion of the Judges.

An Infant and another levie a Fine, this may be reversed to the Infant by a Writ of Error, but it shall be good against the other, Coke 1. part 76. B. Bredons case. No. Lib. intra. 255. C. sect. 11. For the Fine shall stand good as far as by Law it may.

But if the Husband and Wife levy a Fine of the Land of the Wife, and they reverse it for Error, they shall be restored forthwith, because the Hus∣band is joyned with his Wife but for conformity, Coke 2. part 77. B. Cromwels case. For the Estate passeth only from the Wife.

Though Execution be reversed, the judgment is yet good, Coke 5. part 32. Pettifers case; and a new Execution may be taken out.

A Fine reversed for fault in the Proclamations only, remains a good Fine at the common Law; for the other is but a Discontinuance, 4 Eliz. Dyer, pl. 54. and is nothing to vitiate the Fine.

Execution in Error.

Lib. intra. 307. C. sect. 1.

Notes

• * 1.1

  Assise.
• * 1.2

  Informati∣on upon Intrusion.
• * 1.3

  Quare im∣pedit.
• * 1.4

  Redisseisin
• * 1.5

  Utlawry.
• * 1.6

  This is the Judgment for d••m∣n••ges.