case edward mile against richard prat thomas richardson and nicholas BABBS  James roll the Henry c do not help a discontinuance upon a issue of nul tiel  record although the jury have assess the damage ante post cro Elizabeth   a  roll ab lev Mod stram Com dig a judgement erroneous as to one defendant if the  damage be entire be bad for the whole trespass for enter into a house in  Needham market and take a cupboard chest and other good Nicholas Babbs plead  not guilty Richard Prat plead not guilty except to the entry into the house  and take of the cupboard and as to they he justify by reason of a extent upon  a statute and a liberate thereupon Thomas Richardson plead the like plea and  thereupon be plead nul tiel record and the defendant have day to bring in  record usque crast pur James and a venire facias to try the issue returnable  the same day at the day the defendant croak throw fail of the record whereupon  it be adjudge against he as to that et because not know who financial loss  therefore a venire facias be award tam ad to seek after de execute predict how  de financial loss c returnable Quind pasch and then the record be postea  encounter ind process in plea predict jurat posit usq ad in octab michaelis c  nisi prius c and then the postea be return and the verdict and one hundred  pound damage find and judgement accord a writ of error thereof bring and  assign because there be not any continuance between easter term and Trinity  term nor from Trinity term to Michaelmas term but that term be utter omit and  there be this discontinuance there be a failure of the record whereupon the  inquest be but a office which be a discontinuance not aid by the statute for  that aid only discontinuances after verdict but not after demurrer or failure  of record and although the verdict be for part yet the damage be entire it be  discontinue in part be discontinue in the whole and not aid the justice say  and so they be inform by the clerk that continuances may be upon the plea roll  or upon the roll of the venire facias after issue join and if it be upon any  of they it be well enough but the court be certify that it be not upon any of  they the judgement for this cause be reverse