case jones vers BODINGHAM in b r judgement when it shall be take upon the plea  and when upon confession where the trespass be confess by the defendant in his  plea the plaintiff shall have judgement though a verdict be find for the  defendant infra p or nil to say comb SC Carth SC salk SC Mod SC l ld ray SC  holt SC ld raym ld raym Str burr roll Abr cro Elizabeth S c Leon Com dig  trespass for take cattle the defendant plead that upon a transcript of a  capias utlagatum and inquisition from the common plea a to lift up facias  issue out of the exchequer test hill W m and a warrant thereupon to the  defendant as bailiff by virtue of which he take the cattle in such land of the  person outlaw the plaintiff reply that the cattle be take in other land and  comens traverse the comens er p take in the land where it be allege by the  defendant and this be find for the plaintiff and it be argue by Northi for the  defendant that judgement in this case ought not to go for the plaintiff upon  the verdict for the plea of the defendant that a capias issue in hill W m be  altogether void and nugatory it be impossible that a capias shall have issue  hill W m inasmuch as the queen be dead before videlicet on the that day of  December and so there be no such term as Hillary the that of William and mary  but Hillary the that of William the three only and whenever the plea of the  defendant be altogether void judgement shall not be enter upon the plea but  upon nil to say or confession and a writ of inquiry shall be award as in a  action of debt bring against a executor for and be plead that the testator be  indebt to he in and that good have come to his hand to the value of the which  he retain c and no other good c and the plaintiff reply that he be executor of  his own wrong and bath other good hoc a preparation be verify notwithstanding  the plaintiff replication conclude with a averment be ill for he ought to have  conclude to the country yet he shall have his judgement upon the confession  only of the defendant Yelv Brownl S c a and this diversity be agree cro  Elizabeth trespass for take five horses the defendant justify by a custom to  distrain the horse in the possession of a person amerce at the leet issue  thereupon join and a verdict for the plaintiff and judgement for he but it be  reverse for that such prescription be void and so no judgement can be upon the  verdict it will be otherwise where the plea contain matter of bar and issue be  join upon a immaterial point the same diversity be take more hob S c b debt  upon a obligation Pas car the defendant plead a judgement against he as  executor the that of the now king where it ought to have be the that of king  James and no asset ultra c the which be a void plea yet it be say judgement  shall be for the plaintiff although not upon the verdict cro car holt c j say  that this case though not clear report be home to the purpose comb and the  same distinction run through all fl e comens book if the plea of the defendant  be altogether void judgement shall go against he by confession or nil to say  but where the plea of the defendant will have be a good bar if it have be well  plead but be ill plead and the issue thereupon be try there the judgement  shall go upon the verdict as where the defendant plead concord without  satisfaction cro Elizabeth Yelv S c a for concord be a good bar in trespass  but it be not well plead without satisfaction so in the case there cite  payment be a good plea to debt upon a single bill but it be not a full bar  without acquittance in avowry for the penalty for destruction of deer upon the  statute car c to which the defendant be abet that be do not abet be a proper  plea for it deny the very cause of action although the defendant be estopped  to plead this matter by the conviction raym and the case there cite in a  action of debt upon a bind against a executor who plead non be factum general  this be a proper bar to debt upon a bind but the executor ought to have show  that be deny the same deed upon which the action be find sir Barth shower on  the other side cite many case to the same effect with that in cro Elizabeth  and say there be no difference between they and the case at bar for the plea  at bar be in substance good if it have be true and well plead for if there be  a to lift up facias award and a warrant thereupon and a take by force of such  warrant in the land of the person outlaw this have be a good justification for  the defendant to which holt c j and the court incline because the verdict be  find for the plaintiff the merit of the case appear on his side and holt c j  think that the diversity take by Northi be not maintainable for in ejectment  where the defendant plead a demise to himself for year and that he be possess  until the lessor of the plaintiff seize he the plaintiff traverse the seize  and it be find that the plaintiff do not seize the defendant although the plea  in that case be altogether void and impossible yet judgement go against the  defen comens daunt upon his plea cro entry without expulsion be a void plea in  bar of rend nevertheless judgement shall be give thereupon hob roll Abr pl a  and ha say that in such case judgement can be give upon nil to say for  judgement by nil to say be no more than a imply confession but where the  defendant take upon himself to plead and his plea be void it shall not be  intend that he say nothing to the action for this will be to make a imply  implication but whenever the comens er p defendant have direct confess the  action there the judgement shall be upon his confession and not upon his have  plea in consequence of which the verdict be set aside and judgement give for  the plaintiff on the defendant confession comb burr comens de term sanct mich  will III in b r