case cone against bowl in replevin if judgement be give for the avowant he  shall not be allow cost on a writ of error though the judgement be affirm for  he be not a plaintiff within Henry c S c Carth S c show S c salk S c comb S c  Mod S c holt judgement be give in the common plea for the avowant and damage  and cost the plaintiff in replevin bring a writ of error in this court and the  judgement be affirm and now a motion be make that the avowant may have cost  upon the statute of Henry c which enact that the plaintiff shall recover cost  and damage where the defendant bring a writ of error to delay execution of the  judgement that the avowant here be in the nature of a plaintiff and have a  judgement de return habend give and be within the reason of that statute  because his execution be delay by such writ of error as well as the judgement  obtain by plaintiff in other action and so consequent modern also be within  the equity of the statute of James c modern er p which appoint bail to be give  in a writ of error to prosecute it with effect and to pay all cost and damage  to be award for delay of execution but the court allow no cost by will c if  any person shall commerce or prosecute in any court of record any action  plaint or suit wherein upon any demurrer either by plaintiff or defendant  demandant or tenant judgement shall be give by the court against such  plaintiff or demandant or if at any time after judgement give for the  defendant in any such action plaint or suit the plaintiff or demandant shall  sue any writ or writ of error to annul the say judgement and the say judgement  shall be afterward affirm to be good or the say writ of error shall be  discontinue or the plaintiff shall be nonsuit therein the defendant or tenant  in every such action plaint suit or writ of error shall have judgement to  recover his cost against every such plaintiff or plaintiff demandant or  demandant and have execution for the same by capias ad to give satisfaction  become facias or elegit and by the Ann c for prevent vexation from sue out  defective writ of error it be enact that upon the quash of any writ of error  for variance from the original record or other defect the defendant shall  recover against the plaintiff in error his cost as he shall have have if the  judgement have be affirm and to be recover in the same manner see stram ld ray  stram Mod hullock on cost a