case HEDGETHORN vers THURLOCK in c b the stat Annie do not give any remedy  upon demurrer but in matter of the same nature with those which be there  specify vin Abr title demurrer t pl this be a action of debt upon a judgement  in the court of common plea and the declaration be Essex sure though the  judgement be at Westminster and therefore the action ought to have be bring in  Middlesex comens upon a general demurrer to the declaration it be urge that  this shall be aid by the statute annae c which enact that the judge shall  proceed to judgement accord to the very right of the action notwithstanding  any default omission or defect c but the lie of the action in a county where  it ought not to be lie go only to the form and course of proceed not to the  right of action it be a matter proper to be allege in abatement of the writ  and by commonlaw can not be plead in abatement in debt in this case for debit  et contract are nuffius loci and though by the statute r c in debt c if it  appear by the declaration that the contract be make in another county the  action shall abate yet this be but for convenience and if a bind be give or  debt arise in Middlesex and a action be bring thereupon in Essex the court  shall not examine where the action arise though in the time of h it be do and  if the defendant plead that the obligation be enter into in Middlesex it will  not be a good plea for if the plaintiff demurrer to it by which the fact be  confess yet the plaintiff shall have judgement all because it appear that this  do not go to the right of the action for then judgement will be for the  defendant if a trial have be in this case by a jury of the county of Essex it  will have be good after a verdict yet the statute car saint car c make  perpetual by stat car c ld raym a aid only such defect as do not hinder the  court from give judgement accord to the right of the action say non allocatur  for the stat comens er p annae do not give any remedy upon demurrer but in  matter of the same nature with those which be there specify judgement be give  for the defendant but the plaintiff be afterward allow to discontinue upon  payment of cost