case sir edward Musgrave against wharton administrator of Thomas Musgrave in a  action against a administrator the venire facias be not bad although it omit  to name he administrator ante hob Yelv dougl notorious facts term Rep a  variance of name where they have the same sound be not material the record of  nisi prius may be amend by the original record hard salk Cowp dougl term Rep  to know facias upon a judgement against the intestate of two hundred pound the  defendant plead plene to manage and find against he and it be now move in  arrest of judgement croak throw first that a writ of venire facias be not good  because it be ad triandum exit inter Edward Musgrave soldier et thomam wharton  and he be not name administrator of Thomas Musgrave and there may be another  action and trial between they in their proper right say non allocatur for it  shall not be intend unless it be allege that there be other action depend  between they a second exception be because a juror upon the venire facias be  return Christopher Pousanby and so be name in the distringa but in the name of  the juror return it be Pausanby who be swear so another name than be return  say non allocatur for it be not another name the difference be only in the  surname and there be very small difference in the sound especial in that  country where the sound be many time of a for oh or u for oh and therefore it  be not any material variance a three exception because the nisi prius roll  whereupon the trial be be that croak James er p challenge be make to the  sheriff after issue and confess the venire facias be award to the coroner but  the roll of nisi prius be that the venire facias be award to the sheriff and  the distringa be award to the sheriff and thereupon the trial have which can  be the venire facias be award to the coroner but it be hold for that this roll  of the nisi prius be a misprision and ought to be warrant by the record  although in truth the roll be not enter at the time of the record of nisi  prius make and at the time of the trial but be a record after make that it  shall be amend and it be order to be amend and judgement give for the  plaintiff