case trot against gag in what case a variance between the record and the writ  of error be immaterial this be a motion to quash a writ of error the record be  against gag of the castle of York in the county of York and the writ of error  direct to sir Peter king say in come tuo Raby process find upon a record must  be certain as to the description of the modern report er p person the place  and the addition a yearbook Henry foe pl assize pl a I S in the writ of  attaint and g S of c in the record have be hold a variance if the original  certify have be in these word of the castle of York in come tuo it will be  error as it be it be right which show that it be different on the other side  it be say that the addition be not material in a writ which be only to remove  a record a certiorari to remove a conviction against a and the conviction  remove be against a and b and yet hold to be well remove in a action of  covenant by a assignee of b the wonder it of error by the name of a without  the addition of assignee hold good b dyer b in the writ of error it be Floyd  in the record Floyd wit a modern report addition but it be hold to be well  remove a Roger v Floyd easter term whether a if the addition be not material  and we take notice but of part it be the same as if none which be govern by  the case of Roger v Floyd and if this be uncertain since sir Peter king have  return this record it must be take to be the same unless it appear to be such  as can be the same where a writ of error be wm Evison gentle and the record  yeoman it be take to be the same b Dytons case style b Pratt chief justice in  the case of Roger v Floyd the county be not hold material which show it be not  in this and if it be not material and uncertain whether it be the same or not  and do not appear to be another we will never intend it to be so but though it  be not material and be set forth and appear to be another we can suppose it  the same therefore the case in style can be law these practice of bring a  defective writ of error be only for delay and I be very glad we have authority  to support the writ I hold the record be well remove Eyre justice of the same  opinion fortescue justice of the same opinion there be three thing only  necessary in the description in a writ of error the action whether by writ or  bill the name of the party and the judge before who it be roll sir Christopher  hale but if the writ show more than it need and that be variant from the  record it be not remove Mr Raby case go upon another fact they be all action  find upon a record or a bind or on the case and if those action have be allow  the plaintiff may have bring another per curian absent powys the record be  well remove