case Dorrington against edwin Michaelmas term car roll in replevin if the  proceed be by plaint and the defendant after removal by certiorari obtain  judgement he may proceed by to know facias against the pledge SC comb SC skin  SC show   light Inst dalt cro car Thea short catalog Com dig pleader king Bl  Rep bull n p pale yellow replevins ld ray Mod Mod fitzg barn to know facias  against pledge in a replevin bring by pleint set forth that John temple do  levy a pleint in the sheriff court of London for the take of three bag modern  er p of money in which suit he find pledge de to follow et de retorno to have  if it shall be award that this pleint be transmit out of that court into the  husting and by certiorari if it have not be a court of record it may have be  remove by refalo dalt hob f n b f dalt note to former edition a remove into  the king bench where the plaintiff declare as aforesaid c Dorrington avow the  take c and temple be nonsuit and thereupon a retorno to have be award to the  sheriff who return withdraw c then a to know facias be bring against the  pledge upon the statute of Westminster the second Edward c which provide that  where lord upon replevins can obtain justice in inferior court against their  tenant when such lord be attach at their tenant suit they modern may have a to  think over to remove the plea before the justice c and the sheriff shall not  only take pledge of the plaintiff to prosecute his suit but also to return the  cattle if a return be award c the defendant appear and pray oyer of the  certiorari which be return by the mayor and sheriff only without the alderman  the question upon a demurrer be whether a to know facias will lie against they  by virtue of this statute they be only pledge in replevin bring by pleint  without writ Mr pollexfen for the defendant say that they can not be charge by  this to know facias because the pleint be remove by certiorari and thereby the  plaintiff Dorrington have lose the benefit he have against the pledge in the  sheriff court this case be compare to other action in inferior court which if  remove by habeas corpus the bail below be discharge of course by the commonlaw  there be no pledge of return habend dyer b for before this statute the sheriff  can not make a replevin without the king writ now he have power to take pledge  but if he will make deliverance of the good ad complaint alicuj without  shorten the fault be still in he for he may compel the party to bring a writ  Dalton c and then the pledge will be liable because it will appear who they be  and therefore it have be adjudge cro car d that where a replevin be bring by  writ the sheriff can make deliverance without take pledge because if the  plaintiff shall recover he have a remedy against they by to know facias but if  he recover upon a replevin bring by pleint the judgement shall not be avoid by  assign the want of pledge for error cro car e because in such case the sheriff  be not by law oblige to take pledge beside these pledge the statute of Geo c  order the sheriff to take a bind with two surety in a sum double the value of  the good distrain which board may be assign to the defendant and if forfeit  may be sue in the name of the assignee f second this to know facias be bring  too soon for there ought to go a alias et pluries return habend before the  return of withdraw and then and not before the to know facias be proper bring  e contra the pledge be answerable and the to know facias be well bring and  this ground upon the statute of Westminster the second which direct pledge to  be take before the delivery of the good it modern take notice that replevins  be sue in inferior court by the tenant against their lord who have distrain  for rend due for service or custom and that such lord can not have justice do  in those court and therefore to remedy this mischief the statute give the writ  to think over c it to remove the pleint before the justice and because such  tenant after they have replevied their cattle do usual sell they so that a  return can not be make to the party distrain therefore it direct that the  sheriff shall take pledge for return the beast if a return shall be award  which will be to little purpose if such pledge be not liable upon the return  of withdraw now as to the remove of the pleint by certiorari that make the  case more strong in the plaintiff behalf because the record itself One cum  omnibus she tangent be remove but by a habeas corpus the person be only remove  and the court have thereby a jurisdiction over his cause which the inferior  court have lose because it have lose his person second this to know facias be  not bring too soon as have be object for it be modern er p in vain to bring a  alias et pluries after the sheriff have return withdraw it be like the common  case where a to know facias be bring against the bail and non be invention be  return after which there never be a alias or pluries capias and afterward in  Michaelmas term follow judgement be give that the pledge be liable