case cone against bowl replevin against three defendant one of who a infant  but all appear by attorney judgement be give against the plaintiff who assign  this for error but not assignable for error because it may have be plead in  abatement S c Carth S c Mod S c show S c salk S c comb S c holt error of a  judgement in replevin in the common plea the error assign be that three make  modern report conusance by attorney and one of the avowants be a infant Eyre  justice for affirm judgement this may be assign for error though pleadable in  abatement a cro James a where the writ be abateable general and the defendant  plead in bar and judgement be against he it be not assignable for error b roll  cro Elizabeth sand b a avowry be in the nature of a count c   light c avowry  be abateable as other declaration be here the avowants be plaintiff and though  a infant can count by attorney for he can make a warrant of attorney yet as  plaintiff and some of they of full age they may sue by attorney and the  plaintiff of full age they may sue by attorney and the plaintiff of full age  may make warrant of attorney for all Gregory justice concess dolben justice  per who not error because in autre law and admit it have be error at commonlaw  the statute of James c will have help this case for notwithstanding that speak  of a verdict and we be a nonsuit yet it be within the intent of it holt chief  justice this be not assignable for error though a infant act in autre law yet  damage shall be recover de good not common with others if judgement be against  he and there be the same reason why he shall have a guardian where the action  be in autre law in this case as in other case where infant be executor and  recovery be have against he d see russell case   d a release by infant  executor be void e cro James e and be join with other alter not the case for  no reason if all the rest be beggar they shall conclude the infant it differ  from the case of executor for they must all join in defence be join in the  will and the infant executor may disavow at full age and not be conclude by  recovery under age but the reason why it be not pleadable for error be because  it be pleadable in abatement and where the time be lapse there shall be no  advantage in error f see case of Avowries   f and cro James be no law for at  that time the court of exchequer Chamber be grasp at error in fact and that be  the reason of that resolution but no error in fact be assignable there but in  this court only roll no law the judgement be affirm