Carthew gold all versus stride Mod SC where administration be grant by a  peculiar where there be good notabilia this not void but voidable Danv p the  case sacred scripture a obtain a judgement in b r against b and then die  intestate and the plaintiff take out administration by a inferior ordinary  videlicet the archdeacon of Bridgwater and bring a to know facias upon that  judgement upon which Carthew er p they have judgement to have execution and  thereupon a can sa issue against b upon which he be take and in custody of the  defendant who be sheriff c and afterward escape upon which the plaintiff bring  a action of debt against the defendant recently vic c upon nil debet plead the  party be at issue and a verdict be find for the plaintiff and now it be move  in arrest of judgement for that it appear in the declaration upon the  plaintiff S own show that this administration be grant to they by a peculiar  jurisdiction whereas it likewise appear that the intestate bad good notabilia  in another diocese videlicet this judgement at Westminster for which reason  this administration grant by a peculiar jurisdiction videlicet by the  archdeacon be mere void and if so then the judgement obtain upon this to know  facias be utter void and then a action of escape will not lie against the  sheriff for the escape of a prisoner take upon a void judgement for if there  be no judgement against b then there be no cause to detain he in prison to  which it be answer and so resolve that this matter be only error of which the  sheriff can not take advantage in ail action for a escape bring against he and  the difference be where the judgement be mere void and where this only  erroneous and this depend upon another distinction videlicet where the court  in which the judgement be obtain have cognizance of the cause and where not  for in the first case if the plaintiff obtain a judgement and by his own show  have no cause of action yet because the court bad jurisdiction of the cause  this be only ail erroneous and not a void judgement but this otherwise where  the court have no jurisdiction of the cause but in the principal case the  court have conusance of the cause and therefore the matter allege above be  only error Carthew notam it be agree in this case that the judgement obtain in  the court at Westminster make good notabilia though the action upon which it  be obtain be lie in Dorsetshire because the record be at Westminster notam  also that the plaintiff in their declaration have show all the proceed to the  judgement upon the cognizant fa at large by reason whereof the letter of  administration and by who grant plain appear by their own folly in declare for  the court hold clear that the plaintiff in this action against a sheriff may  declare brief upon the judgement in the cognizant fa without show the gradual  proceed at length as be usual do in a action of debt on a judgement quod notam