case Damport against thatcher Michaelmas term pound Elizabeth roll if to know  facias against bail he reverse because no judgement be enter by the court  helow the reversal stand good though judgement he afterward give against the  principal and the want of a hab cor or distringa be aid after verdict tnle  post Leon error of a judgement give in the common plea first error because as  it appear before the record hetween they be remove into the queen hench by a  writ of error and then the judgement in the to know facias be reverse as to  the surety and no judgement be give against the plaintiff whereupon the  plaintiff go into the common plea and show this matter to the court and pray  his judgement may he enter and so it be and judgement give and enter upon  record which there remain and this matter be assign for error for they have no  authority to give judgement for the record be remove from thence before the  writ of error bring so they have no record before they to give judgement gawdy  the writ of error be to remove the record si judgment ind To give back sit  so  when no judgement be give the record be not remove but always remain with they  so that notwithstanding they may give judgement upon it Henry pl Elizabeth  dyer and by this second writ of error bring it be affirm that the first record  do remain with they and of this opinion be the other justice second error for  that the writ be bring against a administrator and say not that the intestate  to go without a will say non allocatur for so be the usual form Henry pl three  error because it appear there be no haheas coqms or distringa whereas the  trial be by verdict for this be certify upon a writ of certiorari award but it  be hold that this be aid by the statute of Jeofails Elizabeth c that after  verdict judgement shall not he reverse for want of a writ original or judicial  but they all hold if there never be a haheas corpus or distringa award this  shall not he aid by the statute for then they have no authority to take the  jury and they can not know if they be the juror return upon the first writ but  it shall he here intend there be such writ for the jury be take and it can be  intend that they will or can call they without such a writ and upon this  presumption it shall he intend there be such writ but that they be emhezzled  and this be direct aid by the statute and the judgement be affirm but the  judgement in the scirefacias stand reverse as before