case sir martin lyster against home trover for a hawk ut de good not common  with others be good after verdict for it shall be intend to have be reclaim  roll ab cro James more lev cro Elizabeth Owen Lut Com dig Bac ab if judgement  be arrest the plaintiff in a new action shall not recover the cost of the  first ante trover and conversion of a hawk call a ramish falcon suppose that  he be possess of that hawk ut de good not common with others et relating to  with cases omisi and that she come to the defendant hand and he know her to be  the plaintiff hawk yet be require have not deliver her but convert her to his  own use upon not guilty plead a verdict be find for the plaintiff Whitlock  move in arrest of judgement that the declaration be not good to maintain this  action because he do not show that she be a reclaim hawk and make tame nor  that she have bell or varvels to show who be her owner and a ramish hawk be  proper such a one as life inter having many branches and from thence have its  name and therefore rely upon the book Elizabeth dyer sir Richard fine case  Jones and Berkley incline to this opinion but I conceive the declaration to be  good enough because it be aid by the allegation that he be possess of the say  hawk ut de good not common with others and that the defendant know her to be  croak car his hawk convert her c and it differ from the case of sir Richard  fine for there although the say exception be take to the count yet it do not  appear but that tile count be there hold to be good enough But because the  defendant plea be hold good it be adjudge against the plaintiff not for the  insufficiency of the count but upon demurrer upon the plea in bar which be  hold sufficient vide   the case of swan of what beast and bird a man may have  property croak car er p this case be afterward move again in Hilary term car  and then because upon diverse former motion the court be always divide in  opinion the plaintiff for his great expedition consent that judgement shall be  enter against him so the judgement be enter quod nothing to take in hand per  billam the plaintiff bring a new action in the common plea and amend the fault  in his declaration and have judgement by confession of the action and only  three pound damage give by a London jury and thereupon henden move in this  court to have cost in his former action but because the verdict be find for  the plaintiff and upon exception to the declaration judgement be give against  he the court hold that no cost shall be give croak car trinity term car in the  king bench sir John Brampston Knt chief justice sir William Jones Knt sir  George croak Knt sir Robert Berkley Knt justice sir John bank Knt attorney  general sir Edward Littleton Knt solicitor general