Brownlow goldsborough doily versus while and web Trin James doily bring a  action of assault battery and imprisonment of his wife against white and web  the defendant plead a special justification to wit that in novemb James a  action of trespass be bring in the common plea by one a against Julian Goddard  and upon thegeneral issue it be find for I g and judgement give for her and  afterward and before execution I g take to husband the now plaintiff and  afterward a writ of error be bring in the king bench and upon a to know facias  against the say Julian the judgement in the common plea be reverse and cost  give to a the plaintiff in the writ of error and afterward a capias ad  satisfaciend be direct to the now defendant to take the say I g by force of  which the say defendant take the wife of the now plaintiff with a averment  that the say I g and the wife of the now plaintiff be one and the same person  and the plaintiff demurrer upon this plea and Yelverton move that this  justification be not good for diverse cause first when the sheriff be to  execute a process he be to do it duly and upon the right person at hisperils  and for that fee h b if the sheriff take the good of another in execution he  be a trespassor e if a capias be to take I S and there be two of the same name  he ought to look to take the right man at hisperils and as he ought to take  notice so he must pursue his authority and for this see e b if a capias issue  out against I S the son of a and he take I S the son of b false imprisonment  lie against he and in a case when the warrant be against I g there be no such  I g for by her marriage with the plaintiff she have another name and he be  therefore a trespasser for the take of I doily and his averment can help he  because it agree not with his warrant and so can be intend to be the same  person but if the variance be in the name of baptism only it will be otherwise  and second although the party have admit her to have the same name yet the  sheriff in plead have take express cognizance of the contrary and have make it  appear to the court that it be not accord to his authority and therefore be  shall be punish but the whole court be of a contrary opinion for first the to  know facias be accord to the judgement in the common plea and well then may  all the subsequent process be accord in course of law but if the husband have  come upon the to know facias and show how that she be covert then the action  ought to be against both of they and second the party themselves in all the  proceed throughout have all admit that she be the same person and that she  have the same name and therefore this differ from the e and therefore they  shall be conclude from say the contrary and although the sheriff have show the  marriage that be but a bare allegation Brownlow goldsborough and suggestion of  the sheriff and it appear not judicial whether it be so or no and three it  will be dangerous for the sheriff to return a non be invention for because the  party have admit her name to be so in all the proceed the sheriff shall be  estopped also as the h Brownlow goldsborough er p and then a action of the  case will lie upon the false return if the woman shall be in the company of  the sheriff and the party show her to the sheriff she may escape