case orbell against ware Hilary term James roll a appellee may plead in  abatement and over to the felony at the same time or at his election may plead  in abatement only SC Carth SC comb SC Mod SC Tremain appeal of murder the  defendant come in in not common with others mask svan et per a b attornatum  suum to say quod there be no such parish as saint Margaret c and so plead a  misnomer of the parish in abatement the appellant demurrer b SC comb say  quaere what judgement be give thereupon SC skin report only the case in the  king bench where judgement be give for the defendant but SC vent which report  only the argument of Ventris I in the exchequer Chamber say note the judgement  in this case which be give in banc king for Mr Greenvil the defendant be here  reverse and it be say cruise on fine p that this judgement be reverse by a  majority of six judge against two but the court of king bench refuse to award  execution because there be a mistake in the writ of error upon which a new  writ of error be bring whereon the judgement be affirm for Grenville there be  three judge for reverse and three for affirm and a majority be require to  reverse the judgement it be of course to stand a writ of error be then bring  in the house of lord and the judgement of the court of king bench be affirm  see cruise on fine to shower KB er p it be argue that the plea be nought  because by attorney and because he have not plead over as to the last the  court hold it well because it be good either way the appellee have privilege  of plead over if he please at the same time and he may not the precedent be  both way vide cro Elizabeth Inst   Ent bro title appeal ass as to the other it  be hold by the court that it be a discontinuance there be no plea at all for a  plea by attorney ought not to be receive and so the suit be discontinue or  else per attornatum suum be surplusage and then it be well enough and so a  good plea and this wherever way data it be against the plaintiff and judgement  be accord give for the defendant per totan curian vide Hesket v lee sand per  attorney void