case Simpson against MERRILLE Michaelmas term James roll in trespass justify  by process out of a inferior court it be sufficient to say that a plaint be  levy and thereupon in such a manner process to be the plaintiff shall pay cost  for his default c SC Lutw SC n Lut SC comb SC Carth trespass for take good c  the defendant justify by a judgement in a hundred court and process thereupon  the plaintiff demurrer Mr Northey for the plaintiff take diverse exception to  the plea first that they ought to show for what purpose the court be hold and  it be not enough to say a court hold second they say the plaint be levy accord  to the custom of the hundred and do not say secundum experience cur pillage  three they say there be a plaint levy in trespass on the case et in such a  manner to be process that it be consider the plaintiff shall pay cost for his  default unde intimacy be this be ill for in case of a inferior court they  ought not to plead it so for that each part of process be traversable fourthly  they say not that the process be award shower KB per cur the suitor be set out  to be the judge and the process be under the seal of the steward et non  constat that he have any thing to do with the court a five then as to the  process they can have a to lift up facias their process be distress infinite  till satisfaction they have no such writ and so be assiz Noy Thompson the law  will take notice to what purpose a hundred court be keep as to the in such a  manner process I know no reason for a difference between the mode of plead in  a inferior court and here ancient all be set forth now it need not b if it be  say accord to custom you will intend it good and as to the process it be say  to be accord to custom and that shall be intend good unless the contrary  appear holt chief justice at commonlaw no to lift up can be but the quaere be  whether it may be by custom and now the practice general be so c as to the  other point in a case in my Lord hale time it be hold to be good though only  say in such a manner to be process but here it do not appear whether the  nonsuit be before or after appearance if before no cost but yet if otherwise  you may have a writ of false judgement d in this very point of in such a  manner process I be overrule in sir Francis pemberton time and a year since in  the common plea e a see the case of canon v Smallwood lev and matthews v caryi  post b d Acc by ld Mansfield Cowp c Danv Lutw Nell Lut Carth d Cowp e it be  now settle that this mode of plead a justification to trespass for execute the  process of a inferior court be sufficient see lily prac Reg lev Ent Lut the  case of do v Parminter lev Higginson v Martin Mod Mackreath v pollard ld ray  Murray v Wilson will Adam v freeman will and Roland v veal Cowp shower KB er p  then Northey urge further they say unde intimacy be which can be on a nonsuit  Adjornat vide infra