Barnardiston v FOULIGER award Mod Parker chief justice deliver the resolution  of the court debt upon a bind with condition to perform the award of sir  Robert davers whereby the submission appear to be of all action suit damage  and demand between the plaintiff and one Henry love the award be set forth in  the replication date June and order that all suit between the say I b and hl  shall cease and whereas a year rend will be due and Payable to the gilbert  case say I b from the say hl on the that of June and the say I b owe the say  hl it be award that love shall pay the plaintiff the say rend on or before the  say that day of June and the plaintiff shall allow love the say out of it and  that upon the payment aforesaid general release shall be give the breach  assign be that love proceed in a suit wherein he be plaintiff against the say  I b and c and d defendant we be all of opinion first that the award be void  second in case it be good yet the plaintiff have not assign a breach first as  to the first point one article of it be plain void videlicet that the rend  which be show not to become due till the that June and yet on the d it be  award to be pay to I b this be not within any of the term of the submission it  be not in action nor demand at that time and possible may never become due to  the plaintiff for the rend may be extinguish the term surrender the lessee  evict or the lessor die whereby the rend will become due to the reversioner  roll Abr pl gilbert case but this article be void will make the whole void  upon two account first upon the justice of the thing for l be award to hl  which be to be pay he only by defalcation out of the rend when pay to I b  which if it shall never gilbert case er p happen upon any of the contingency  before mention then hl can never have his money the rule be that if one  article of a award be void and the rest can just be perform without it the  whole must be void sand pope and Brett cro second the whole must be void in  this case by reason of the particular avoid of the award upon the payment  aforesaid mutual release be to be give since the payment can be make no  release be to be give and consequent here be no end we think the breach not  well assign for the submission and award only mention article between I b and  h S but the proceed here lie as a breach in a action by hl against t b and  which be not within the former description roll Abr pl be a strong case than  this for it be hold that a action by a and his wife against b be not within  the description of a action between a and b this be agreeable to the rule of  description of action in all other case as upon removal of record by writ of  certiorari gilbert case mich W king v brown mich annae queen v Alkinson it be  hold that a certiorari to remove indictment against a will remove a indictment  against a and b and such vice line and no inconvenience can happen from this  for it be very easy for the party to mention those action if they intend they  shall be include but on the contrary it will be a very great inconvenience if  they shall be take to be include by construction against the intention of the  party the plaintiff nil to take in hand per billam king v brown mich W holt  chief justice say that a certiorari to remove in all respects a sin gulan  indict in which a b and c to dictate are extend only to joint indictment  against they all but if it be in all respects c in which a be indict that will  remove all indictment as well where he be joint as where he be single indict