case anonymous debt on a judgement plea writ of error depend in the  exchequerchamber ill debt on judgement in this court he plead in abatement  quid thus far responders non debet because of a writ of error depend in the  exchequerchamber the plaintiff demurrer and it be argue for the plaintiff that  a action lie for if it will not lie before affirmance it will be to no purpose  that action of debt may be bring on a judgement for after affirmance the  plaintiff may sue execution and no man that can sue execution will be at the  trouble of bring a action of debt side be a case in point and the difference  there between a writ of error of a judgement in the king bench and such a writ  of error as this have no foundation in law quid holt chief justice to go away  for debt will lie in the common plea upon a judgement there after error in the  king bench as well as on a judgement here after writ of error in the  exchequerchamber holt chief justice it be strange that a writ of error shall  supersede a execution by one mean and yet allow a man to come at it by another  there be no remedy at commonlaw for debt or damage when a year have pass after  judgement but by action of debt until the statute of Westminster the second  give a to know facias after the year and it be resolve Yelv that a executor  can not plead a judgement against his testator after error bring in bar of a  to know facias upon a statute because it be doubtful whether it shall be  affirm or not but I will be bind by constant resolution of this court which be  that this be no plea in bar or in abatement it be true there have be some  resolution to the contrary in the exchequerchamber and judgement have be  reverse there in my Lord north time for this error and in chief baron turner  time and particular in the case of Danvers v smith but that be a new notion  dolben and Eyre justice ace absent Gregory Eyre justice cite Mod and they all  agree there be no difference between its be plead in abatement and in bar and  so be the eight of William the three per totan curian modern report hilary  term the five of William and mary in the king and queen bench sir John holt  Knt chief justice sir William dolben Knt sir William Gregory Knt sir Giles  Eyre Knt justice Edward ware Esq attorneygeneral sir Thomas Trevor Knt  solicitor general