case stevens against falcon Hilary term car roll in quare hinder if the  plaintiff entitle himself to the next avoidance and allege that the former  incumbent be present admit institute and induct and the defendant do not  traverse the induction a repleader shall be award Cowp dougl in quare hinder  if the ordinary die after verdict and before the day in bank the proceed shall  stay as against he a repleader shall be award where the mispleading alter the  mode of trial blow Cowp if quare hinder on a surmise that the bishop die after  last continuance judgement may be enter against the oath er defendant only  ante error of a judgement in the common plea in quare hinder falcon have bring  a quare hinder against George late archbishop of Canterbury and the say  Stevens for the church of Newington in the county of Surre where the plaintiff  entitle himself by grant of croak car the next avoidance and that one Tobias  crisp be present admit institute and induct thereto and that the say church  become void by the acceptance of a second benefice above value the archbishop  plead a plea thereunto whereupon it be demurrer Stevens plead a plea and  traverse that the say Tobias crisp be admit and institute therein and upon  this they be at issue and a writ award to the archbishop for that trial but  afterward upon consideration of the say plea of Stevens it be adjudge a ill  plea and repleader be award because the induction be allege ought also to have  be traverse the defendant therefore amend his plea and traverse the admission  institution and induction and issue be join thereupon and try for the  plaintiff and after diverse continuances and day in banc the plaintiff show  that the archbishop be dead since the last continuance and pray that there may  be no further proceed as against he and to have judgement against the  defendant Stevens upon the verdict which be grant he and now error bring the  first error assign be that the repleading be not well award for the issue  which be join before the writ award to the archbishop be well enough and need  not any repleader but all the court here hold that the repleader be well award  for the induction be allege as well as the institution there ought to be a  traverse to it which alter the course of the trial as Henry and Henry be so as  it shall be try per pais the second error assign be that where the allegation  be that the archbishop be dead and the judgement therefore to look at closely  to be that he shall recover only against the say Stevens c it be not good  because it be not enter et because Le dit Stevens hoc non to learn therefore  to look at closely be c for until the other party confess or deny it upon a  surmise only of the part of the plaintiff without the defendant join the court  ought not to give judgement wherefore for this cause it be erroneous but all  the court hold that it be well enough for the archbishop be surmise to be dead  and the other defendant by trial of the issue against he be out of court  either to count plead or confess it the court shall adjudge thereupon accord  to the surmise of the plaintiff and shall proceed to judgement against the  defendant only wherefore the judgement be affirm croak car er p