case peters against Heyward Trinity term James roll see Donald v suckling lr Q  b Eberles Hotel company v Jonas Q b d in detinue the judgement must be  conditional to recover the thing detain or if that can be have then the value  find and damage for the detention roll ab cro Elizabeth Yelv cro car   light b  Bl Com error of a judgement in the common plea in detinue of a bind upon non  to hold off plead it be find for the plaintiff and the damage assess to seven  pound and cost sixpence and if the bind can be restore then they assess for  damage beside the seven pound twenty pound more and it be thereupon adjudge  that he shall recover the say seven pound and sixpence for the cost croak  James er p and the say bind or twenty pound et teaching to be viscount  distringer for the say bind or twenty pound and thereupon the error be assign  for the judgement ought to be conditional videlicet the say bind or if he can  have the say bind then the twenty pound and accord the distringa ought to have  be to demand the bind and if it can be deliver then the twenty pound but these  word and if it can be deliver be omit wherefore it be move to be error and  although Waller the prothonotary of the common plea certify that there be  diverse precedent there in this manner and it be say that in the book of entry  a judgement be enter in this manner and allege that the judgement be that he  shall recover the bind or twenty pound tantamount and be to be intend  conditional that he shall have the bind and if he can have it then the twenty  pound yet upon consideration of many croak throw other precedent and the book  which mention that the judgement be and ought to be conditional in itself and  not by intendment the court hold that the judgement be erroneous for by that  judgement and award of a distringa the sheriff may distrain for the one or the  other at his choice which ought not to be but he ought to distrain for the  thing itself and if he can have it then for the twenty pound and although the  writ of distringa be well make and in that manner as it be show to the court  yet forasmuch as the judgement be otherwise the award upon the roll which be  the warrant of the writ be not good wherefore rule be give that the judgement  shall be reverse