case the lord Berkeley against the countess OF Warwick Qucere if a writ of  error be Allowable before the second judgement be complete in a writ of  partition?SC I roll Abr more Noy cro James Bulst roll Rep   Leon Bulst style  march Bac Abr error of a judgement in the common plea in a writ of partition  upon the first judgement qubd pqrtitio fiat before the return thereof and the  second judgement qubd parritio to make firm sit accord to the course of this  writ a writ of error be bring croak Elizabeth and the error assign and it be  allege that there be not any perfect judgement yet give until the second  judgement and therefore the writ lie not but in diverse case where there be  two judgement where the first be the principal there error may lie before the  second as where a assize or a ejectionefirmce be bring where the land be the  principal if judgement he give for it although damage be to he recover yet  before a iWrit of enquiry for they error lie because the damage be but  accessary but in trespass or in a action upon the case where the damage be the  principal although the judgement he qubd recupere yet until damage he inquire  and judgement thereupon no error lie as it be agree in Russel and prats case  so in Edward in the case of account until the second judgement no writ of  error lie for the plaintiff may he nonsuit before the second judgement give as  Henry pl be and so it be adjudge Elizabeth in Harding v vine so Richard in  formedon where the tenant be oust of aid error lie not until the judgement of  the principal and so hold all the court here that the second judgement in this  case be the principal and before that death shall abate the writ and they  agree the difference in the case where the damage be but accessary c but  because it be a new case they will advice el adjournatur note Brownlow the  prothonotary tell I that it have be adjudge in the common plea that the death  after the first judgement shall not abate it for where the plaintiff die after  the first writ the heir have a to know facias upon that judgement and it be  hold to he maintainable and if so the first judgement be the principal see  will c croak Elizabeth er p