CXLV. Lichfield and Gage's Case. Pasch. 26 Eliz. In the Kings Bench.
* 1.1IN an Ejectione firmae the parties were at Issue; And by Order of the Court, the Tryal was stayed: And yet the Plaintiff against the Order, obtained privily a Nisi Prius: Vpon which Gawdy, Iustice, being informed of it after the Term, awarded a Supersedeas to the Iustices of Assise, before whom, &c. And not∣withstanding that, the Enquest at the Instance of the Plaintiff, was taken, and found for the Plaintiff. All this matter was shew∣ed to the Court, in the Kings Bench, and there examined and pro∣ved; And it was Ordered by the Court, That the Verdict should not be entred of Record, nor any Iudgment upon it: And so was it put in execution in a Case between Vernon and Fowler. And then the Counsel moved and took Exception to the Supersedeas, because it was not subscribed by the hand of Iustice Gawdy. But it was not allowed, because his Seal was sufficient.