case WINCHURST against masely a writ of error to reverse a fine in which one  of the party to the fine be omit be erroneous but the court will not let the  plaintiff in error quash his writ without a rule to show cause and then on  payment of cost S C holt Mr Carthew move for leave to quash big own writ oh  error to reverse a fine because one of the party to the fine be omit in the  writ of error holt chief justice we can do it how can we take notice of any  thing but modern er p what be on record we can quash it on a foreign  suggestion there be a case in pemberton time where a fine be levy by three and  two of they bring error to reverse it perhaps the other have nothing in the  land and it be reverse but this be to be consider that if a man be entitle to  be tenant by the courtesy and he join in a fine with his wife of those land  whether his title to be tenant by the courtesy be not extinguish if the fine  be reverse after her death indeed if the fine be reverse in her lifetime he  may have a new title if the husband make a feoff on condition of his wife land  and she die and then the condition be break shall he be tenant by the courtesy  then you can have any cost if the party enter a non pro for the statute Henry  c give cost on a writ of error only when it be in dilation performance but now  by Ann c S in order to prevent the great vexation of sue out defective writ of  error it be enact that upon quash any writ of error for variance from the  original record or other defect the defendant in such error shall recover  against the plaintiff issue out such writ his cost as he shall have have if  the judgement have be affirm and to be recover in the same manner a we can let  you quash it but let they show cause why you shall not discontinue by will c S  if judgement shall be give for the defendant in any action and the plaintiff  shall sue a writ of error and the judgement shall be affirm or the writ of  error discontinue or the plaintiff become nonsuit therein the defendant in  error shall have judgement to recover his cost see Com dig cost b a writ of  error be rare discontinue but sometime they may be