byron against STONEHOWSE pasch banc sup Trin rot error to reverse a judgement  in dower in the common plea a writ of error be bring to reverse a judgement  give in a writ of dower in the common plea the error assign be that the judge  of the common plea have set a side the verdict take by default by the judge of  assize because it ought to have be take but a petite cape of the land award  whereas though this be a fault in the judge to take the verdict yet this be to  be amend by a writ of error for the judge of assize and the judge of the  common plea in this case be but as one judge dyer f and here be a waiver of  the default because the enqllest be take at the prayer of the party h h f  style report and the demandant may release the default either express or  implicit h h f that here be a discontinuance which be not help because the  inquest be take by default and the tenant by the judge take advice be out of  the court h pl here be day give in court to the demandant but not to the  tenant and the judge can advice afterward and here the judgement be give upon  a default after a default whereas the d default be the same day with the I not  at another day as it ought to have be hale on the other side hold that the  judgement be not erroneous for here be no judgement but only a award of the  inquest and if it be not good it be do by those that have no power to do it  and so not material and the judge of the common place have a distinct  authority from the judge of the nisi prius that here be no release of the  default nor inquest nor can style report er p the judge of the nisi prius take  a release of the default for by award the default the power of the judge of  the nisi prius be determine and the release ought to be of the default upon  which the judgement shall be give and it be not so here next here be no  discontinuance foe it be not necessary to grieve day to the tenant by the  curian advisare vult for then there can be no p tite cape and the judgement  here be good for there be no other day of default roll chief justice the judge  ought to have call the tenant or to award a petite cape of the land and not to  have take the inquest by default but here the judge of assize do not award a  petite cape for the I exception the judge of the nisi prius have no authority  to take the verdict and so that be do in person nonjudice and so the nullo  babito looking back to the inquest by the judge of the common plea be good  enough and so they may in that court award a petite cape and they may also  advice and there be no need for they to give a day of continuance to the party  for that be to take away that of which they will advice and the ad other they  be also good and so there be no error in the judgement Affirmetur nisi