case tempt Hardwicke woodin and college if a warrant of attorney to confess  judgement in c p be give by a defendant in custody on process issue out of  king b without a attorney be present on his part the court of king b will  interfere by way of attachment against the plaintiff and his attorney the same  to lie in the sheriff office until either satisfaction of the judgement in c p  be enter upon the roll or a consent give in that court that the judgement and  execution be set aside with cost upon a rule to show cause why a bind and  warrant of attorney to confess judgement shall not be set aside it have be  make during the defendant confinement under a arrest and no attorney but the  plaintiff attorney be present and why the judgement and execution thereupon  shall not be set aside marsh show cause that the warrant of attorney be make  to confess judgement in the common plea and that accord the judgement be a  judgement of that court and shall infer that this court have nothing to do in  the matter draper for the defendant answer that it be make to confess  judgement in the common plea yet it be upon a arrest by latitat out of this  court Lord Hardwicke c j then we have have to do with it or else this will be  a trick to avoid both court marsh the plaintiff attorney be present and the  defendant be satisfy therewith Lord Hardwicke c j the judgement be irregular  for want of the presence of a attorney name by the defendant which be contrary  to a express rule of the court r r e car two e geo two king b No rule similar  in term to that of geo king b seem to have be make in c p the rule in and car  two c p referable to the presence of a attorney be applicable to where the  defendant be in custody of a bailiff or sheriff officer whereas the rule in  king b be more extensive videlicet where he be in the custody of any sheriff  or other officer the other rule in relation to warrant of attorney be geo III  king b and geo two c p but this last rule seem dispense with h Bl see peacock  rule and order king b c p but the case where a attorney presence in every case  of custody on mesne process be necessary be common to both court see I Bos  pull taunt cook r although in this last case the custody do not appear and the  rule must not be make a instrument of fraud I Cowp Bos pull see also t r east  r and not because such warrant of attorney may not be fair obtain in such a  case but the rule be make in order absolute to prevent any abuse and against  this rule I do not know any excuse can be allow so that the judgement be  irregular and though we here can set aside a judgement of the court of common  plea yet as the latitat be sue out here we can lie our hand on the plaintiff  and his attorney cur let a attachment go against the plaintiff and his  attorney and lie in the sheriff band a week to be execute if he do not consent  either to enter up satisfaction on the record in the common plea or consent  there that the judgement and execution be set aside and to pay the cost it may  be questionable whether in a case similar to the present the court of K B will  not now leave the party to his proper remedy in c p case tempt Hardwicke er p  case tempt Hardwicke anonymous a executor allow to plead double videlicet  payment and plene to manage a executor have leave to plead double to a action  of debt upon bind videlicet payment of the principal and interest before the  action bring pursuant to the statute of queen whether for amendment of the law  whether c and plene to manage see p ante n