case pratt against RUTLEIS on a avowry in replevin of a distress for rend if  the plaintiff be nonsuit and on a retorno habend award a writ of enquiry of  damage be issue a writ of second deliverance issue before execution of the  writ of enquiry be a supersedeas of the retorno habend but not of the writ of  enquiry S c salk distress for rend replevin and avowry and the plaintiff in  replevin nonsuit a retorno habend award and a writ of enquiry of damage issue  out and before execution a second deliverance the doubt be whether this second  deliverance be a supersedeas of the writ of enquiry a and that it be be urge  that the writ of enquiry be ground upon the retorno habend and the second  deliverance be a supersedeas of that and by consequence of the writ of enquiry  for what supersede the judgement ought to supersede that which be ground upon  the judgement b the plaintiff in replevin have the distress deliver to he upon  the second deliverance and if he have judgement thereon how shall the avowant  make up his record of the enquiry and his difference be take between the  plaintiff in replevins be nonsuit and judgement be against he upon nothing to  say for a judgement upon a nothing to say be a final bar and no second  deliverance will ever lie after but after nonsuit one may have a second  deliverance and this second deliverance be give by the statute of Westminster  the second c in lieu of a second replevin for at commonlaw if the plaintiff in  replevin have be nonsuit he can have a new replevin so often how often but  that statute in lieu thereof give a second deliverance which be a judicial  writ of the court where the replevin be before bring and if he be nonsuit in  that he be go but since that statute of modern report Westminster the second  the statute of Henry c give damage to the avowant upon a nonsuit of the  plaintiff in replevin as well as upon any other judgement in replevin and  therefore it shall seem if the second deliverance be make a supersedeas of the  retorno habend and writ of enquiry the statute give damage will be of no avail  but it be answer to that that be so will by no mean render the statute  ineffectual as to the damage for if judgement be for the avowant upon the  second deliverance he shall have the damage of the nonsuit include therein and  all the say learning of replevin at commonlaw and of the second deliverance by  the statute of Westminster the second be agree to by all Inst die b and  likewise that Henry c give damage upon a nonsuit in replevin a but it be  strong urge the writ of enquiry be supersede in this case by the second  deliverance which as be agree supersede the retorno habend and this case be  put as parallel with it by the statute of Westminster the second c damage be  give in a quare hinder yet if a quare hinder be bring against a patron and his  clerk and they both plead the same plea in bar and the patron die and the plea  be find for the incumbent be shall have no damage because we can have no  judgement so here the judgement for a return be supersede there can be no  damage contra be quote palm latch that the second deliverance be no  supersedeas for otherwise that statute of Henry c will signify little holt  chief justice the damage be not give by this statute of Henry c for get the  thing avow for from the avowant but for the vexation in bring a replevin  without cause and the nonsuit be sufficient evidence that there be no cause of  replevin at least it be evidence of a vexation and if the avowant can maintain  his avowry the plaintiff shall recover damage for the distress if a man bring  a action and be nonsuit the defendant shall recover damage for the nonsuit but  if the plaintiff bring a new action and recover he shall recover damage but  shall have nothing for the cost of the nonsuit and if second deliverance be  bring a see the statute car c b see brook Abrid title second deliverance and  Inst a bro ab second deliverance Plowden modern report er p before retorno  habend execute it shall supersede the execution if after it be execute it  shall notwithstanding fetch back the distress Qure quid ind go for sale b