case harvey against harvey error on a judgement in dower SC ray SC Jones Writ  of error on a judgement in a writ of dower in the common plea where the a  shower c cro James see king v Yandell that the name of the coroner need not be  subscribe to the judgement of outlawry but the judgement must appear on the  record to have be give by the coroner term Rep shower KB er p tenant plead a  estate for life settle on the demandant and aver it be in lieu of dower  videlicet for her jointure upon this issue be join and at the day in bank the  tenant make default upon shower KB that issue a petit cape which be return  judgement be give for the demandant and a writ of seize then a writ of enquiry  be to the damage and common error assign Mr pollexfen urge several error over  as far as first the want of a original and the want of continuances second the  demand of land lie in three will and the venire but out of one three the petit  cape be of a three part of a manor and as to the other land a three part of a  moiety and the return be army short catalog domini king I direct to take in  hand in manus tertian parten tenement infra specificat fourthly that the  demand be of thirty acre of pasture and so be the judgement and writ of seize  but the writ of enquiry for damage be only for twenty acre Mr sander e contra  first the original be certify by certiorari but no continuances if they have  insist upon it that there be no continuances we can have get they certify too  the continuances be with the Lord chief justice and we need no certiorari to  he because all that be stand on be want of a original second as to the venire  facias though it be not help by the statute of Jeofails because no verdict in  the case and here judgement be by default yet it be so at commonlaw whether  the venire be right or whether the jury come out of a right will be not  material when there be no verdict in the case and judgement be by default as  here three as to the petit cape and a return of the three part of the land  infra specificat the petit cape be to seize a three part of some and a three  part of the moiety of other land and to summon the tenant to hear judgement  suppose the sheriff shall seize the whole land and summon the tenant the  tenant be well summon and upon that judgement be give certain it shall not  make the whole nought because he do more than he ought fourthly as to the writ  of enquiry that be only for damage since the death of the husband and  notwithstanding that the judgement be good as to the dower and shower KB will  not be affect with any thing about damage Lord chief justice if a man demand a  three part of the moiety of a rend and the return be of a three part of the  whole rend and judgement be of a three part of a moiety and so pursuant to the  praecipe we shall intend that he seize a three part as it be demand beside the  return be tertian parten tenementor infra specificat and not specificatorum  and therefore it shall refer to parten and not to tenementor and then it be  well enough tertian parten property infra specificatam Pemberton justice as to  the venire there be no mistrial in the case and so can be error when judgement  be by default and it be not a void but a voidable venire and therefore may  well enough make a good continuance and it will be and can be avoid only when  there be a mistrial which be not in our case Adjornatur a