coke b CHEYNEYS case mich James in a writ de valour maritagii and issue take  upon the tenure the jury assess damage and cost and do not inquire of the  value of the marriage hold the verdict be insufficient and the omission can be  supply by a writ of inquiry of damage although the issue be upon the tenure  yet if the jury find for the plaintiff and assess a excessive value or  excessive damage attaint lie when the court ex ogicio ought to inquire of any  thing upon which no attaint lie the omission of it may be supply by a writ of  inquiry but in all case when any point be omit whereof attaint lie it shall  not be supply by a writ of inquiry g roll f the case cite h a by no mean  establish that the plaintiff may have more damage against the defendant than  what he have count for against he but that have count in detinue against the  defendant for damage to a certain amount he may recover against the garnishee  against who he have allege no particular amount of damage a great sum than he  have lie as his damage against the defendant per Lord Ellenborough deliver the  judgement of the court in usher v Dansey m S quod vide h roll I roll Cr  Elizabeth a before a   a proof Rep b   a Perk sect show coke report a er p  this term sergeant Nichols move this case Cheyney bring a writ de valour  maritagii a and issue be take upon the tenure and before the justice of nisi  prius in the county of York it be find for the plaintiff and the jury do  assess S damage and S cost and do not inquire of the value of the marriage as  they ought to have do and be move that the plaintiff may have a writ to  inquire of the value to supply the defect of the verdict and he cite two  precedent one pasch James rot in ravishment of ware bring by Lord Berkeley  against hill the defendant plead not guilty the jury find he guilty and that  the heir be within age and marry c et assident financial loss et miss and find  not the value of the marriage and a writ issue to inquire of the value of the  marriage and the like writ award Trin Elizabeth rot and in mark dyer a in a  quare hinder bring by Poyner the issue be find for the plaintiff but by his  negligence the jury be not charge to inquire of the four point know de  fullness ex pron  interrog  presentation si time halfyearly to go over and the  value of the church per annum there the plaintiff may have a writ to inquire  of these point vide Elizabeth dyer b Elizabeth die and the case be oftentimes  debate and at last it be resolve that the verdict be insufficient for the  chief coke a justice say that in a writ de valour maritagii three thing be to  be recover S the value of the marriage damage and cost quod to be concessumper  tot cur it be resolve that although the issue be in this case de valour  maritagii upon the tenure yet as upon a consequent or dependent upon the issue  the jury be as parcel of their charge if they find for the plaintiff to  inquire of the value of the marriage of damage and cost and if the jury assess  excessive value or excessive damage attaint lie thereof b and therefore in  assize if the issue be join upon a release and a mediate ouster confess there  if the issue be find for the plaintiff yet as parcel of their charge the  recognitors of the assize shall inquire of the seize and seize for that be the  point of the writ and thereupon attaint lie and therewith agree h h b ass p e  attaint vide e cessavit h and in d trespass against two one come and plead not  guilty and be find guilty in this case this first inquest shall assess damage  for the whole trespass by e both defendant and afterward the other come and  plead not guilty and be find guilty the find of the damage by the first  inquest to which he be not party shall bind he and therefore if they be  outrageous or excessive the defendant in the last inquest shall have a attaint  and therewith agree e and f n b e so in trespass quare enclosed space to break  in pieces if issue be join upon a feoff and the jury give outrageous damage a  f attaint lie for the enquiry of the damage be subsequent upon the issue and  parcel of their charge so in the case at bar if the jury have find outrageous  value or damage a attaint lie thereon it be resolve that the omission in the  verdict shall not be supply by a writ of enquiry of damage for that will  prevent the plaintiff of his remedy by attaint which will be mischievous for  then such omission may be on purpose to deprive the plaintiff of his attaint  but the rule be that when the court g ex duty ought to inquire of any thing  upon which no attaint lie there the omission of it may be supply by a writ of  enquiry of damage as in the say case of quare hinder to inquire of the say  four point for of they no attaint lie as it be hold in a h because as to they  the inquest be but of office but in all case when any point be omit whereof  attaint lie there a value of marriage be abolish stat car c a roll dyer pl b  dyer pl hob roll   a roll c   a roll b writ of attaint be abolish by stat Geo  cap d   a e   b   a Cr car side Br attaint roll Rep Cr J@`c g h a h a roll  roll roll Rep Br attaint a roll coke report b er p it shall not be supply by a  writ of enquiry of damage upon which no attaint lie c and therefore the  precedent which have be cite and all other which be against these rule pass  coke b sub silence without the advice of the court and against the rule of law  and therefore in detinue if the jury find damage and cost and no value as they  ought it shall not be supply by a writ of enquiry of damage for the reason  aforesaid d and therefore by the rule of the court a new venire facias be  award