clxxxiv wooden and hazel case nisi Prips essoin amendment in a ejection  betwixt Wooden and hazel they be at issue upon not guilty and a venire facias  award returnable tres trinit and the essoin adjudge and adjourn by the  plaintiff until Michaelmas term and at next assize the plaintiff not withstand  that essoin and the adjourn of it procure a nisi prius by which it be find for  the plaintiff and now it be move in court for the stay of judgement Leonard er  p because no nisi prius ought to issue in the case for the essoin be adjudge  and adjourn until Michaelmas term by the plaintiff himself and Leonard custos  narrow places say that the word of the statute of Westminster cap after some  to put down see in once search ad neighbor diem allocet ei esson import that  the essoin shall not be take at the return of the process against the jury  although the jury be ready at the bar Anderson be of opinion that the award of  the nisi prius ut above be but a misawarding of the process and then relieve  by the statute and afterward the case be move at another day the court be  clear of opinion that no nisi prius ought to issue forth in this case because  that the plaintiff himself by the adjourn of the essoin cast by the defendant  until Michaelmas term have bar himself of all proceed in the meantime but  afterward it be surmise to the court on the plaintiff part that he the  defendant be not essoined for the name of the defendant be Edward hazel and it  appear upon the trial that Edward Russel be essoined but no Edward hazel and  then if no essoin no adjournment and then the plaintiff be at large c and may  proceed c but the remembrance of the clark be Edward hazel as it ought to be  and yet it be hold of no effect be in another term and afterward the counsel  of the defendant pray that the roll in here part be amend accord to the  remembrance of the clark but the court utter deny that for no statute give  amendment but in the affirmance of judgement and verdict and not in defeazance  of judgement or verdict and afterward it be resolve by the whole court that  judgement be enter for the plaintiff cro Leonard hill Elizabeth to go into m  Elizabeth rot