case cowper against spencer in a action of assault and battery if the  defendant plead son assault and the plaintiff reply de in an unjust manner  svan not common with others and conclude to the country and no issue take  thereon by enter a similiter for the defendant it be informal and not  amendable S c stram after a verdict for the plaintiff in a action of assault  and battery it be move in arrest of judgement for that no issue be join in the  cause it be et hoc petit quod to seek after per native land then these word  shall follow et predictus the defendant similiter which be omit on the other  side it be say that there be no occasion for amend this issue because the  appearance of the defendant be enter on the postea beside at the worst it be  only a informal issue and that be amendable the court in indictment for  treason there be no similiter enter a see Harris case cro James a and this  court must be guide by precedent whether it be in this case amendable modern  report er p at another day the follow case be cite to show that it be  amendable in Fitzherbert b Fitzherbert Abr amendment foe b a action be bring  against several they all plead and in the replication one only join in issue  by a similiter and yet it be hold amendable and in dyer c dyer c the entry be  et predictus similiter leave out the defendant and it be hold amendable and in  the case cite in the margin d roll Rep cro Elizabeth cro car d misentries be  adjudge to be amendable and it be my Lord coke opinion that the misprision of  a clerk in a record may be amend and in the case of Davis v Acherly in a  action on three promissory note the defendant plead as to two of they that the  drawee non endorsavit and as to the three non assumpsit general et predictus  the plaintiff similiter and after verdict for the plaintiff he be allow to  enter his judgement on the first issue therefore if any amendment be necessary  it must be in this case especial since it be plain by the postea that the  defendant appear modern report the court in every material issue join there  must be a verdict on one side otherwise there can be no judgement and the  plaintiff will now have judgement for damage on a verdict find on a informal  issue as he allege it to be but on no issue join as the defendant say now  there be a difference between a immaterial and a informal issue join and where  there be no issue at all join and the case cite in the margin be where the  issue be informally join as where it be say in the entry et predictus  defendens similiter where it shall be predictus the plaintiff similiter in  which case the issue be tender by the defendant but in the principal case the  issue be tender by the plaintiff and never join by the defendant so there be  no issue at all which seem to the court not amendable f the court be all of  opinion that it be a fatal objection and not amendable and the judgement be  arrest S c stram but see the case of sayer v pocock where a replication be  amend after verdict by insert the similiter instead of c Cowp f