case slocomb case in error if the declaration and verdict be good the court  will give such judgement as ought to have be give in the court below but if  bad they will reverse the first judgement and also adjudge quod to express  grief nothing to take in hand c and if the entry be therefore concession  instead of to look at closely it be bad say vide Carth roll ab cro James  Hobart Yelv vent salk Bac ab   light a Cowp in a action for say you brother  have take a false oath it must be aver that the person speak of be the brother  of the person speak to for a innuendo to this effect be not sufficient ante  error of a judgement in bath in a action for word where the judgement after  the verdict for the plaintiff be give for the defendant intend that the action  do not lie for the word and the entry be therefore concession be quod to  express grief nothing to take in hand per billam which be hold a manifest  error for it shall have be therefore to look at closely be then Germin for the  plaintiff in the writ of error move that judgement shall be give for he upon  the verdict and that the declaration be good and it be croak car er p agree by  all the court if the declaration and verdict be good then judgement ought to  be give for the plaintiff whereof Jones doubt at the first but at last agree  thereto for we be to give such judgement as they ought to have give there so  as the plaintiff shall recover if the declaration be good hide now move that  the judgement in the inferior court be good for the matter and that the  declaration be ill for he there declare whereas such a suit be depend in the  court of the guildhall in Exeter show what et quod super ind exitus per native  land to be connected in space and at the trial the plaintiff be produce as a  witness there to prove the issue and be swear and give his evidence upon his  oath that the defendant have communication with one Margery Slocomb of this  trial and oath by the plaintiff speak these false and scandalous word of the  plaintiff to the say Margery you brother innuendo the plaintiff brother of the  say Margery have take a false oath in such a cause innuendo the say cause the  defendant plead not guilty and find for the croak car plaintiff and damage and  cost assess the court upon the matter adjudge that the declaration be not good  hide assign the cause to be because be do not show how issue be join for he  say ad exit per native land and though by implication it be to be intend that  issue be well join yet it be not so allege and then no lawful trial whereto he  may be produce as a witness say non allocatur for when it be show that at the  trial he be swear it imply all necessary circumstance that the issue be join  and the jury swear and that to the say jury upon this issue be give his  evidence the second exception to the declaration because in the communication  allege with Margery Slocomb of this oath at the trial he say you brother  innuendo the plaintiff brother to the say Margery have make a false oath c and  in all the declaration it be not aver express that she be his sister nor that  he be her brother but after the innuendo nor be it aver that he be the sole  brother of the say Margery and that which come under or after the innuendo be  not a express averment nor issuable wherefore the declaration be not good all  the court be of this opinion absentee Brampston wherefore it be order that a  special entry shall be make that the first judgement shall be reverse for the  manner of the entry therefore concession but because it appear to the court  that the declaration be insufficient it be adjudge here quod to express grief  nil to take in hand per billam