case baron against sleigh Hilary term Elizabeth roll a action on the case will  lie for deceitful procure a to know facias to he sue and two nihils return  against a person who be not bail post Henry pl roll ab Lucas Mod pale yellow  Cas raym march will Bl Rep term Rep cro James   a post action upon the case  whereas the plaintiff be bail in the queen bench for one a S at the suit of  William rich in debt for and whereas the say a S be sue in debt by the  defendant for in which action one John Starton and Hercules Anthony be bail  for he that the defendant after a recovery in debt against the say a S of the  say take forth a capias against the say a S which be return non be invention  and that the defendant afterward at Westminster c by fraud and covin to charge  the plaintiff with the say debt of recover ut above inform the court in deceit  of the court that the plaintiff be bail for a S at his suit whereas he be not  but be bail only for he at the suit of William rich which be well know to the  say defendant he thereupon injusl to gain one a writ of to know facias upon  this bail against the plaintiff which be return nothing he by the like fraud  and deceit procure a second scirefacias against the plaintiff which be also  return nothing whereupon it be adjudge that the say Sleicrh the defendant  shall have execution against the plaintiff that the defendant prtvmissorum non  ignorant by the like fraud and deceit to arrest the plaintiff in deceit of the  court procure a capias ad to give satisfaction against the plaintiff whereupon  the croak Elizabeth plaintiff be arrest c to his damage c the defendant plead  not guilty and find against he and it be move in arrest of judgement that this  action lie not for it be to procure process judicial to he award which be the  act of the court and the misawarding thereof although it he upon information  of the party as it be the surmise of the party no action lie for it for it be  but erroneous and the default of the court to award it upon such information  and in proof thereof Edward pl be cite where a writ of haheas corpus be award  to remove a cause out of London for that the party have a action depend here  whereas in truth he have not any although this be upon the information of the  attorney to the party and the other Qaiyed in his suit thereby yet it be not  actionable but if it be award upon surmise that he be servant to one of the  clerk where he be not there a action will lie for that the court can not know  but mere upon the party information so here before the process have be award  the court may have see whether he be the same person who be bail wherefore c  Fenner and Clench hold that the action be maintainable in regard it be show  that he procure it by fraud and covin to deceive he and although he know that  he be not the same party so there be a apparent tort in he and it be allege  that he be the cause of award the process against he as where one procure a  false suit to he bring in another name or where one cast a protection without  cause or the like wherefore without argument send away Popham and gawdy they  adjudge it for the plaintiff Edward pl Henry pl pound ass plaintiff see  Elizabeth c