case WALWIN against smith Trinity term will mary roll discontinuance in  process or in plead be aid by the Henry c as well in inferior as in superior  court S c salk S c cart S c holt a question be move whether a discontinuance  in a inferior court be help after judgement by the statute of Jeofails and the  court be of opinion that discontinuance of process or in plead be help by the  statute but where the cause be discontinue and out of court as in the  beginning of this reign for not hold Hilary term all cause be then discontinue  modern er p which can not be aid by any statute of Jeofails without a  particular Act of parliament for revive those cause and process in Beechers  case Beecher v Shirley   cro James a after a verdict for the plaintiff there  be some doubt whether the visne be good or not and the plaintiff modern intend  to bring a new action get leave to discontinue in which case the judgement  shall have be enter quod to express grief nil to take in hand per breve suum  send sit in pity pro falsely warcry his et pillage defendens eat ind without  die so be the entry after verdict upon a demurrer but if upon a nonsuit then  it be in pity because non pursue be breve suum note to former edition and see  cro James b but instead of such a entry it be that the plaintiff by his  attorney go for sale hic in curian et to confess see in curian hic beyond  nolle attendance therefore to look at closely be quod defendens eat ind  without die and hold that it amount to a retraxit and be a bar to the same  action for ever so long as that judgement stand in force whereupon a writ of  error be bring and it be show that there be a discontinuance for the verdict  be James and the judgement be James and no continuance from one term to the  other which may have be aid by the statute of Jeofails if the judgement have  be give upon the verdict but it be upon the retraxit which be not within the  statute Henry c but see Ann c c and for this reason that judgement be reverse  but now by Geo c after verdict in any court of England or Wales judgement  shall not be stay or reverse for any default of form or substance in any bill  writ original or judicial or variance from the declaration or other proceed d  easter term the four of William and mary in the king and queen bench sir John  holt Knt chief justice sir William dolben Knt sir William Gregory Knt sir  Giles eyres Knt justice sir George Treby Knt attorney general sir John summer  Knt solicitor general