Barnardiston king b harris and burley vide before Mr strange come now to show  cause and say that he do agree that the only difference that he can find  between the case of Hern and bushel and the present one be that there  coverture may be special plead in the action below here it be give in evidence  upon the general issue and therefore there the court will not allow of that  matter of fact to be assign for error because there may possible be a  disagreement upon record in the two verdict however he say that the case of  Thomson and lion east Geo be direct contrary to that of Hern and bushel he  produce now the affidavit and the several rule that be make in that cause and  the case appear to be exact the same as state by he in that of Hern and bushel  Mr Parker argue on the other side and say it be a settle rule in the law that  no man shall be at liberty to assign both error in fact and error in law upon  the same judgement and therefore he conceive that no writ of error quod in  person thou will lie after affirmance of the judgement unless the first writ  of error be for some cause abate for this purpose he say it have be hold in  Ven that such writ of error will not lie after affirmance of a judgement in  the exchequer Chamber he do agree that the case as state in salk be against  this but it appear by lily Ent that that case be mistate and that the first  writ of error abate by the death of the party the chief justice judge page and  judge probin declare their opinion that as it be a settle rule that error in  fact and error in law can not be both assign in the same judgement they think  that rule ought not to be evade in this manner and therefore that no such writ  of error will lie after the affirmance of a judgement judge lee say it be  certain upon the authority of the case of walker and Stokoe car that no writ  of error quod in person thou be any supersedeas without leave of the court  that there be no reason for allow this writ of error to be so accord they all  concur that the rule ought to be make absolute however that the case of  Thomson and lion may be look into the rule be enlarge for a day or two vide  postea