Mich. 16 Jac. Rot. 2344. Lamb versus Thompson.
* 1.1EDmund Lamb brought an action of Debt against Richard Thomp∣son, upon an Obligation of forty pounds; the Condition whereof was, If the Defendant shall not be assisting, or any waies aiding unto Thomas Elme, or any other person for the said Thomas Elme, in any Actions, Suits, Vexations, &c. to be commenced and prosecuted a∣gainst the said Plaintiff, &c. That then, &c. the Defendant pleaded Negative: The Plaintiff reply, that he such a day brought Tres∣passe against the said Thomas Elme, and the now Defendant, and had Iudgment; and that the Defendant joyned with him in a Writ of Error, in hinderance of the Plaintiff to have execution against the said Thomas Elme, and so was aiding and assisting unto the said Thomas Elme: Wherupon the Defendant demurred, and it was adjudged by the Court, that this prosecution of a Writ of Error to discharge him∣self of an erroneous Iudgment, is no breach of the Condition, no more then if the Plaintiff had released, and he had brought an Audita Que∣rela: And it shall be intended in this case of a Suit to be solely com∣menced by the said Thomas Elme; and if he will restrain him, that he joyn not in a Writ of Error, it ought to be precisely contained in the Condition, and shall not be taken by a large Exposition, to the for∣feiture of an Obligation, by a generall and ambiguous sentence. It was urged that the Defendants had power to have severall Writs of Error, 11 H: 6. 9. But the Court resolved, that being the Costs were joynt, they ought to joyn, vide Coke lib: 6. fol: 25. but the release of one will not bar the other, vide 34 H: 6. 42. & 35 H: 6. 10. that this Suit is in discharge of the Defendant, and not to charge the Plaintiff; and ther∣fore the Condition is not broken, vide Dyer 253. A Condition to suffer a Lessee quietly to enjoy, the word (suffer) guide all the sentence in favour of the Obligor; and Iudgment cannot be reversed in part, and stand for the other part, or be reversed against one, and stand in force against the other, except in speciall cases. As where Infant Tenant for life, and he in remainder of full age levy a Fine, that shall be re∣versed as to the Infant, and stand for the remainder, for it is no other then as a Conveyance;