Carleton versus MORTAGH Trin Ann Mod case salk in error of a judgement in debt  by confession the want of original be assign d for error the defendant plead a  release in bar whereupon the plaintiff in error demurrer and the defendant  join therein and the great question be whether the court ex duty can award a  certiorari that it may appear to they if there be a original or not holt c j  in my opinion we can do it because the question be not whether there be error  or not but whether the plea in bar be good as plead when error be assign d and  in nullo be erratum plead or a default be holt KB make there the matter of  error be the question before the court but here the matter put in our  judgement be if the plea be good or not so that now we be determine another  question than be in judgement before we in do and smither S case that which be  assign d for error appear to the court to be no error then the matter plead in  bar of that error though against the defendant be impertinent because it  appear to be no error if a ill plea in bar be to a bad declaration or to a bad  assignment of error it be idle and the court shall take no notice of the  insufficiency of it but shall judge on the record and so in many other case  this be a demurrer to the plea in bar and the whole event of the cause be put  in judgement upon the demurrer when there be a demurrer and joinder in it the  court be bind to give judgement upon that now if you award a certiorari here  you strike the plea the demurrer and joinder therein out of the case and give  judgement on the certiorari the want of a original be certain error in this  case which the defendant have confess by his come in and plead the release for  by come in gratis he have prevent the plaintiff and hinder he from complete  his error by take out a certiorari and therefore we must take it to be as the  plaintiff have admit and the court be not at liberty to depart from the point  refer to their judgement Powel I and the rest contra that the court may ex  duty award a certiorari