case courtier against barret and sampson Hilary term Elizabeth roll in  replevin if the plaintiff be nonsuit and the jury find damage it be no verdict  but only a inquest of office ante I Bac Abr Com dig Com dig if the plaintiff  declare in one term and after imparlance to another declare de novo a  continuance must he qntered ante post Com dig error upon a judgement in the  common plea in a replevin the defendant avow for damage pheasant the party be  at issue the plaintiff be nonsuit after evidence and the jury assess damage  for the avowant the plaintiff bring error and assign for error a  discontinuance for that the plaintiff declare in Michaelmas term and that the  defendant imparle until Hilary term and from Hilary term till easter term and  there be not any continuance and then the plaintiff declare again as the  manner there be and the defendant plead thereto and issue there join it be  move that this be not now to he assign for error because it be after verdict  and so aid by the statute of Jeofails but it be rule by the whole court that  it be not aid for here the plaintiff be nonsuit there be not any verdict give  but in that whereof the jury be to inquire of damage their verdict be but a  office croak Elizabeth er p of inquest and no verdict whereof c and it be cite  to he here adjudge so betwixt busty and Ireland a second it be move that here  be not any discontinuance for the second declaration be a new declaration of  itself and do not refer to the first and there ought not to he any continuance  of the first for it be not a alias proutpalet c so it can be intend to refer  to a former but it be thereto answer that it be not the manner to make such  entry in the common plea yet it may be well intend to refer to the former  proceed wherefore they send for two of the prothonotories of the common plea  who come and inform the court that their course be not to make a alias prout  to stand open but to make all their declaration de to make new and yet they  refer to the first record wherefore for this discontinuance the judgement be  reverse