case pigot against rogers a latitat bear date before the date of the bind on  which it be sue out but returnable after be good ante keb keb ray vent cro car  Mod Cowp see Johnson v smith burr dougl to Rep circumstance which go only in  aggravation of damage need not be state in the declaration error of a  judgement in the king bench in a action upon the case bring against Pigot late  sheriff of the county of Salop whereas upon that August James one Edward  doughty be oblige to the say Roger in a obligation of two hundred pound and  that he postea videlicet that June James sue a latitat against the say doughty  with intent to procure he to be arrest to recover the say debt which be direct  to the sheriff of the county of Salop to execute who send his warrant to the  bailiff of Shrewsbury who have the execution of writ to arrest he and take  bind for his appearance who return to he that they have execute the writ that  the say sheriff have false return at the day a non be invention whereby he be  defraud of his debt the defendant plead not guilty and be find against he  damage be assess to one hundred and fifty pound and judgement give error be  bring and assign that the declaration be not good first because it be show  that the obligation be make that August James and he show that the latitat be  sue out postea videlicet that June James which be before the bind make say non  allocatur for although the process be before the bind yet be returnable in  Michaelmas term and the latitat upon that after the bind it be sufficient to  maintain the action and the process always bear testae the last day of the  term before second it be allege that the declaration be not good because he do  not show that the bailiff deliver the bind to the sheriff which they have take  for appearance nor be it show that the defendant do not appear or have lurk in  place unknown whereby he lose his debt say non allocatur for they serve but  for aggravation of damage and be supply by the verdict wherefore the judgement  be affirm