Bulstrode HOBLINS plaintiff against kimble defendant enter pasch James b r rot  error to reverse a judgement in the c b in a action of detinue because the  judgement be for reater damage than the plaintiff count for Cr Yel Elizabeth  dyer plan h foe if a writ of error to reverse a judgement give in the court de  common banc in a action of detinue there bring in which action the plaintiff  there count to his damage of the jury find the damage to be and so the jury  find more damage than the plaintiff himself have count upon in his declaration  the plaintiff in the court of common plea have judgement there give he for to  recover accord as the jury find upon this judgement a writ of error bring and  this only insist upon and assign for error that the judgement be there give by  the court accord to the find of the jury be for great damage than the  plaintiff there himself do declare for and so for this cause the judgement be  erroneous and that the plaintiff ought to recover no great damage than he  himself declare for though the jury find more many book be cite to this  purpose as Elizabeth dyer e foe in a action of trespass the plaintiff count to  his damage of mark the jury find the damage to the plaintiffrayed to have his  damage of accord as the jury have round there the court make answer that lie  shall have his judgement for mark accord to his count in his declaration for  it be there say that they may abridge damage but not increase they and with  this agree the book of e foe where in a action of trespass the plaintiff  declare ad damnum and the jury do find the damage to the plaintiff shall  recover but accord to his count h foe the plaintiff shall recover damage  accord to his count only and not as the jury find though they find great  damage h foe and to this purpose e foe in a action of trespass the jury find  for the plaintiff and damage the judgement of the court be that he shall have  but for that his count be but to his damage of h foe in a action of trespass  the plaintiff count to his damage of mark the jury find damage to mark it be  there hold that this be a good find of the jury for mark only e Fitzherbert  title damage plan the jury find the waste to the damage of where the plaintiff  declare but to his damage of the damage here be Triple because the statute be  that in this case he shall recover Triple damage by the statute of Gloucester  cap but in other action as Fitzherbert there observe that the plaint shall  recover no great damage than he count for although the jury do find great  damage for he h foe Fitzherbert title damage plan in a action of trespass the  plaintiff count to his damage of the jury find for he and his damage to he  shall recover damage accord to his count and not accord to the find of the  jury for that the plaintiff himself do best know what he be by the trespass  damnified and the jury may lessen but not enlarge the same e Fitzherbert title  damage plan in a action of debt upon a obligation the jury find great damage  than the plaintiff count upon the plaintiff shall only recover the damage as  he have count upon and accord to this be the book of e e Fitzherbert title  damage plan e foe and e foe Fitzherbert title damage plan in the principal  case here it be hold by the court that where the plaint do declare to no  certain damage there he shall recover such damage as the jury find but where  the plaint declare of a certain damage and the jury do find great damage there  the plaintiff ought to have no great damage than accord to his count and not  as the jury find they find no great damage than the plaintiff declare upon and  in this action the plaintiff declare to his damage of and the jury find for  the plaintiff and damage and he have his judgement for accord to the find of  the jury and in more than be count upon and so Bulstrode er p for this cause  be the only error insist upon the court be all clear of opinion that the  judgement so give in the c b be erroneous and therefore by the rule of the  court the judgement be reverse