coke b dr drury case pasch James in hearing complaint the plaintiff declare  that he be in execution upon a capias utlagatum at the suit of the now  defendant the sheriff suffer he to go at large the defendant plead that after  the say escape before the hearing complaint bring the say writ of capias  utlagatum issue and be return non be invention and thereupon the now plaintiff  at the day of the return appear and upon over of the exigent reverse the  outlawry because it have a uncertain return et such to say quod non to have  some tale record adjudge upon demurrer the hearing complaint do not lie by  reversal of a erroneous judgement by writ of error collateral act executory be  bar but not collateral act execute mean act do in the execution of justice  which be compulsive be not effect by the reversal of the judgement by writ of  error otherwise if they be voluntary difference between a recovery upon a  elder title and a reversal of a record by writ of error when the outlawry be  adjudge by the court to be null and void it be void ab beginning difference  between a sentence declaratory by which letter of administration be declare to  be void and sentence of repeal note in collateral thing execute by execution  the party grieve shall have remedy by hearing complaint Com dig hearing  complaint vin ab hearing complaint sand black owyn bray bring a writ of  hearing complaint a the writ of hearing complaint be of common right where  such writ clear afford relief to the defendant the court will relieve on  motion without put he to the writ but where the relief be questionable the  court will not dispose of the case on motion Nathan v Giles taunt SC marsh a  against John Drury doctor of the civil law set forth that whereas the say dr  Drury mich James king in this court have recover against the say owyn a debt  of and S d for damage and cost and whereas the say owyn because be come not  into court to satisfy the say debt and damage be put in exigent and thereupon  maii year king nunc be outlaw and that the say owyn by force of a writ of  capias utlagatum ad sectan prd John Drury captain imprisonatus to be and in  execution for the say debt and damage and so be in execution be deliver out of  prison by the sheriff from the say execution and suffer to go at large c the  defendant plead that coke report a er p after the say escape and before the  purchase of the say writ of hearing complaint know mich James the say writ of  capias utlagatum be award out of this court returnable tomorrow air at which  day the sheriff return non a Vaugh a be invention and thereupon the same day  the say owyn appear and demand oyer of the exigent which be read to he and  thereupon it appear that the return of the say writ of exigent be uncertain  and thereupon he pray quod utlagaria predicta in form prd promulgat et  condition adnullare to empty out et pro nullo pnitus to hold super quo look  shorten prd et per justiciar bis tunc plene intellect the same justiciar hic  tunc to agree quod allegation prd Oweni in exonerationem svan de utlagar prod  true to stand out therefore tunc split to be in eaden curian coke a hic quod  idem Owynus occasion utlagar prd in to some place nonmo to cause to testify  nec to make heavy send to go ind quietus prout per record ind in eaden curian  hic residen abundantly to be fluid et such idem johan Drury to say quod non to  have some tale record outlawry prod quale prod Owynus per breve et narrative  svan prd superius to put below et hoc a preparation be verify unde petit  judgment si ipse ab execution svan prd de debt is owed et dampuis prod versus  prod Owynum habend procludi to withhold c and thereupon the plaintiff demurrer  and it be object that the say outlawry be not void but b hard b voidable and  that at the time of the escape by which the say dr Drury be entitle to a  action of debt upon the escape against the sheriff the outlawry be in force  and the sheriff cro Elizabeth Poph salk Faresl Com   a shall never take  advantage of error in the proceed against the defendant but shall be charge  for the escape notwithstanding the record be erroneous and so it be adjudge in  the exchequer Trin Elizabeth by sir Roger manwood and the other baron where  the case be that Edward clear Francis Woodhouse and William Gervys Aug  Elizabeth acknowledge a recognizance of in the chancery to George c Leon c  more Cr Elizabeth Yelv Yelv Bulstr c Ognell upon which recognizance George  Ognell Jan Elizabeth sue a to know facias out of the chancery against the say  recognizors upon which nothing be return and so upon another to know facias  whereupon mesne Paschoe Elizabeth judgement be give know therefore to look at  closely to be per curian quod prod georgius to retake versus predictos bd Fr  et will c a that the say George have execution against they whereupon he sue  forth a to lift up facias upon which it be return that they have nothing for  which the court do award a capias ad satisfaciend returnable octob hill direct  to the sheriff of Norfolk clement Paston Esq then sheriff of the same county  by force whereof the say sheriff arrest the say Francis Woodhouse and William  Gervys Jan Elizabeth and that the say Francis Woodhouse at the time of the say  arrest be in prison under the custody of the say sheriff be attaint of felony  and afterward the say Francis and William escape out of the custody of the say  sheriff upon which escape g Ognell bring a action of debt against the say  clement Paston be a accountant in the exchequer and in t case it be resolve  that the award of the a roll Yelv more Cr Elizabeth Cr James a capias ad  satisfaciend be erroneous for by the law the body of the recognizors be not  liable to execution and yet because the sheriff can not take advantage of the  b Cr Elizabeth Cr James Leon dyer pl more   a roll Rep godb hard b error it be  adjudge that he shall answer for the escape and therewith agree e b b in the  report of Ognel v Paston cro Elizabeth it be state that all the baron be of  opinion that the process be well award and maintainable by the law for it be a  debt of record it be not reason but his body shall be liable to execution upon  it as to a common obligation and this capias be not by the stat west cap or  Edward but by the course of the commonlaw and the course of the chancery and  precedent be usual there after to know facias and their course be to be  maintain as of other court and with this the report of the SC in more and Leon  agree the court further hold that admit the capias lie not yet it be not void  but erroneous and the sheriff shall not take advantage of it in weaver v  Clifford Yelv SC Brownl the same point arise Yelverton who be one of the judge  say the opinion of himself gawdy and Popham be be that the capias do not lie  and that therefore no action can be maintain against the sheriff in another  report of the same case which seem to have depend several year and to have be  argue before different judge at different time Bulst the court be state to  have incline at first to the opinion that the capias do well lie and Doderidge  I say and Fleming CJ a reed with he that the difference be where the court  have jurisdiction of the cause and where not if the court have jurisdiction of  the cause and do misaward the process this be but error but where the court  have no jurisdiction of the cause and do misaward the process there all be  mere void and the sheriff may show this in discharge of himself but the case  be adjourn and afterward Trin term I James the court give judgement for the  plaintiff in the action which be debt upon a escape but be of opinion that the  capias do not lie roll in his abridgment escape f pl say that a writ of error  be bring in the exchequerchamber and that the judgement be reverse because  there be no award of the capias by the court but it be take out without  warrant and so mere void Vid pain v Pultenham dyer pl roll ab execution h pl  Bac ab execution a escape f Com dig execution c and note f to the Marshalsea  case Rep a b but it be adjudge that in the case at bar the hearing complaint  coke report b er p do not lie and in this case two point be resolve c roll Rep  vin ab Collatine a vin ab quare non to send to a c a difference be take and  agree between a thing collateral executory coke b and execute for when a  erroneous judgement be give and afterward the judgement be reverse by a writ  of error collateral act executory be bar thereby as if a man have judgement in  a quare hinder and have a writ to the bishop and the bishop refuse to admit  the plaintiff clerk now the plaintiff upon this collateral refusal may have a  writ of quare non to send to but if the defendant reverse the judgement in a  writ of error and afterward the plaintiff in the quare hinder bring a writ of  quare non to send to the defendant may plead nul tiel record vide e b c lege  Edward pl note in serjeant hill copy c by Wilby and hill so it be resolve if a  be in execution at the suit of b upon a erroneous judgement and afterward  escape and afterward the judgement be reverse by a writ of error the action  upon the escape be go for he may plead nul tiel d sand kelw b d record because  without a record the action be not maintainable but yet it be true that till  the erroneous judgement or execution be reverse by a writ of error the sheriff  or gaoler shall not take e Hardres Cr James cro Elizabeth Leon dyer pl more    a roll Rep godb e benefit thereof for there he can plead nul tiel record  because till it be reverse it remain of force although there be apparent error  as it be hold in h b and e b but in the same case if the plaintiff bring a  action of debt against the sheriff or gaoler upon the escape and have  judgement and execution and afterward the first judgement be reverse yet  forasmuch as this judgement upon this a Cr James a collateral thing be execute  notwithstanding the reversal of the first it remain in force as appear in the  like case b postea b   b roll b h a where the case in effect be that the  conusee of a statute staple in a writ of detinue of the say statute upon  garnishment recover by erroneous judgement against the garnishee and have the  statute deliver to he the garnishee bring a writ of error and the conusee sue  execution upon the statute and have it there it be hold that although the  garnishee do reverse the judgement yet forasmuch as the statute be now execute  this execution shall not be avoid by the reversal of the judgement for the  judgement be only to have the statute deliver and the execution on the statute  be a thing execute not depend upon the judgement so if a man recover by  erroneous judgement and present to a benefice or enter into the perquisite of  a villain and afterward the judgement be reverse by writ of error because  these collateral thing coke report a er p be execute they shall not be divest  as it be hold in h and there fol a Brian say that it be adjudge that if the  defendant plead that the plaintiff be outlaw and the plaintiff reply quod non  to have some record c and the defendant have a day to bring in the record and  before the day the record be reverse the justice shall certify nul tiel record  and therewith agree Elizabeth dyer c Cr James Yelv Brownl sand b c coke a so  in the case at bar forasmuch as the record be defeat and avoid before the  defendant be oblige to plead he may well plead nul tiel c Cr James Yelv Brownl  sand b d record vide e bar but if two judgement be give and the last depend  mere upon the first as upon its foundation there if the first fundamental  judgement be e cro James Plowd Bulstr e reverse by writ of error or attaint  the latter which appear in the record to be dependent upon it shall be reverse  also as in assize et f roll Yelv   b e a palm Br error h a h b h b Bulstr e a  e a f redisseizin so of a judgement upon the original and another judgement in  a g cro James Bulst e a Br error g to know facias the same law of one  judgement give against the tenant and another against the vouchee and the like  e a e a h e h a h a b e a e b h b h and vide palm e a b that by the reversal  of the judgement give in a quare hinder the judgement give in a quare non to  send to be also reverse there be a difference between mean act do in the  execution of justice which be compulsive and act which be voluntary and  therefore if a erroneous judgement be give in debt and the sheriff by force of  a become facias a ante b roll   b die pl more cro Elizabeth cro James jenk  cent Leon Leon godb Yelv Goldsb a sell a term of the defendant and afterward  the judgement be reverse by a writ of error yet the term shall not be restore  but only the sum c because the sheriff be command and compel by king writ to  sell it c d vide note c hoe case   b d but if a capias d vide note c hoe case    b b utlagatum be award whereby the sheriff be command to take the body c et  good et catalla queen per inquisition to come upon in manus our men capias ut  de yes valour c and by force of that writ the sheriff by inquisition take the  good and chattel of the man outlaw and sell they and afterward the outlawry be  reverse the party shall be restore to his good and chattel because the sheriff  be not command nor compel by the king writ to sell they and therewith agree  Elizabeth die c and pl bend pl godb   light b postea b c proctor case and  accord to this resolution it be adjudge in c b between amner d and   light a  godb Leon Leon   b jenk cent more Bulst roll   light a Goldsb d and Loddington  and afterward mich Elizabeth in a writ of error affirm in the king bench there  be a difference between a recovery upon a elder title and a reversal of a  record by a writ of error and therefore if a recover dower in a ancient  demesne against h and have execution the tenant reverse the judgement in a  writ of false judgement and because the woman have hold the land for two year  between the first judgement and the reversal it be inquire of the yearly value  of the land and the two year tax to twenty mark and thereupon the tenant sue a  to know facias against the woman to have execution of the say twenty mark in  bar of which she plead that she have bring a writ of right close in the nature  of a who in vita against the coke report b er p say h the now plaintiff and  process continue till she recover the land by elder title and demand judgement  if of the issue of the same land by any judgement recover since h ought to  have execution but it be adjudge that forasmuch as the judgement give for h  remain in force by force of which he shall have the say twenty mark as damage  coke b sever from the land and the recovery in the who in vita do not refer to  they for this reason although a have recover by elder title h shall have  execution of the damage e to know facias palm in Herbert case the case at bar  be strong because the judgement to avoid the say outlawry be declaratory which  declare the outlawry to be null and the proceed therein to be without warrant  and void and all the without a writ of error because there be a nullity in the  outlawry forasmuch as the writ of exigent which be the warrant to proceed to  outlawry want substance and by consequence no warrant in law and therefore  when it be so declare by the judgement of the court it be void ab beginning  vide a ante a and pl bendl pl   light b goldb a proctor case Elizabeth dyer in  h b and b one who have cause of b Br privilege Fitzherbert corpus cum causan b  privilege in the common plea be arrest in London and before judgement the  defendant deliver a writ of supersedeas in the inferior court and  notwithstanding that the recorder proceed to judgement and thereupon his body  be take in execution and afterward his body be bring into c b by a writ of  Henry c cro car c corpus cum causan and because after the d cro Elizabeth cro  James Yelv d supersedeas there be a nullity in the proceed as well to  judgement as in execution the court award that the party shall be discharge of  the execution and so he be dismiss without sue any writ of error for by this  declaratory award the judgement and execution be utter void and vide Elizabeth  dyer dyer pl before b   b   a side keb cro Elizabeth e administration be  commit to the wife of the good c of the husband who recover debt as  administratrix depend which suit the son of the intestate by covin betwixt he  and the defendant procure new administration to he and his mother no cause of  revocation of the first express in the second and after judgement release to  the defendant the wife sue execution the defendant upon this release bring a  hearing complaint and the defendant plead the matter above and sentence  declaratory that the second administration be void and adjudge pro to ward off  but if the letter of administration have be good and the administrator make a  release and afterward the letter of administration be repeal there the release  be good so there be a difference between a sentence declaratory by which  letter of administration be declare to be void and a sentence of repeal which  allow they good till they be repeal vide note a packman case   a e notam  reader where it be say before in the first difference that collateral thing  execute by execution upon escape or upon the statute recover in the writ of  detinue in ante b   b Br error roll f h a b shall not be avoid by the reversal  of the first judgement the same be true and yet I conceive that he shall have  remedy upon the reversal of the judgement by cro James dyer pl Wentw Swinb  Yelv sand Orph leg Brownl   Ent Noy vin ab and Quer d pl g hearing complaint  because the cause and ground of the collateral action be disprove and avoid by  the reversal of the first coke a judgement and the first plaintiff restore to  his former action upon which he may have his just and due remedy and it be  like the case in dyer EIiz executor have judgement in account and have the  defendant in execution for the arrearage now the will be annul because the  testator a idiot and the record spiritual be remove into the chancery by writ  and send into the king bench where the action be bring coke report b er p and  thereupon the defendant bring a hearing complaint because the will be disprove  and it be resolve in camera scaccarii year h as I have hear it appear by the  record that the hearing complaint do well lie f vide turner v Davies sand SC  Mod keb a hearing complaint lie to discharge a judgement obtain by a  administrator where after the judgement the administration be repeal and in  Barnhurst v Yelverton Brownl SC Yelv judgement be obtain by a administrator  and afterward the administration be revoke and the plaintiff proceed and take  the defendant in execution and upon motion the court hold the execution void  and that the defendant ought to be discharge because it issue erroneous vide  beck case Brownl Patnell v brook sty vin ab exhort m Toller law of exhort f