case two e there be two plaintiff in a assize one die after the last  continuance this writ abate in facto in this case there be no occasion to  plead the death after the last in continuance that be only necessary where the  writ do not abate in facto but be abateable by plea as that the plaintiff e  cap contra be make a knight or enter after the last continuance or take  husband these case ought to be plead after the last continuance and this be  from the day a quo to the day ad who the last continuance be make where one of  the plaintiff die or one of the defendant or in real action one of the tenant  although it be after the verdict the judgement against such person be  erroneous a release of error by the defendant in a writ of error to the  plaintiff be void for it be to his disadvantage and the plaintiff have a  interest against the error but not in the error for if there be no error the  defendant interest be preserve judge be not bind to search for error in the  record which be not assign but they may if they will and if they find error  they ought to reverse the judgement a plea after the last continuance be plead  at the nisi prius on the day of the nisi prius it be in the discretion of the  justice whether to receive it or refuse it a release between the Jenkins nisi  prius and the day in bank be not pleadable at all for the party have not a day  in court but where the plaintiff or demandant release to the tenant between  the nisi prius and the day in bank and yet the demandant upon verdict for he  or otherwise take his judgement and have execution a assize No more than one  plea after the last continuance can in this case lie for the tenant be receive  to avoid infinity and a plea after the last continuance waive the former plea  for now the party rely upon this last plea and it be a tacit waiver of the  former plea but not of a demurrer join for that lie in the power of the court  and not of the party mors in all respects to loosen infinitum in jure  reprobator