atwood vers burr if a judicial writ be enter on the roll a alias may be sue  out thereon before it be return vide ante a attorney can sue out a to know  facias against bail under the warrant of attorney in the action against the  principal S Cr salk this cause be not stir in from Michaelmas of this queen  till Hillary be last term and then sergeant Broderick take the old exception  that there be a discontinuance because there be no return to the first to know  facias but Mr Eyre for the defendant in error insist upon it that this be good  as a alias to know facias though the first be not return and cite raze enter b  and the Lord chief justice holt say that the first writ when award shall be  enter on the roll for the defendant have a day by the roll and therefore the  writ be depend before the return of it and therefore in this if there have be  such a entry it have be good with this award of another as prius c and it be  with very little say more adjourn till this term and now this term pasch add  sergeant Broderick insist that the judgement ought to be reverse for the  prolixity of the plead because they bad send the record and proceed against  the principal and then the record and proceed against the bail be make  dependent upon the other and not severable from it which he say be not to be  countenance in a inferior court and cite cro car friar v Fawkenor where  judgement of a inferior court be reverse for the absurdity and prolixity in  the plead but the court answer that there all the reason and argument be enter  at large and therefore that case differ much from this then he take another  exception that here be no warrant of attorney to appear to the to know facias  and the party appear per attornatum prediction to which Mr Eyre answer that  this be only a fault in certify the record by They below for which the  plaintiff shall not suffer but the Lord chief justice holt say that Lord  Raymond the plaintiff may pray a to know facias without a attorney but when he  come to pray judgement upon it he do it by attorney and there be no warrant of  attorney before and therefore that be error and of that opinion be all the  court and judgement be reverse nisi c die Lunae Apr pasch annae queen