case king and his wife against fitch ante page in waste in a house and garden  if the jury find small damage in one place only the court will adjudge it no  waste roll ab cro James winch bull n p in waste in house garden orchard a  verdict find waste in one place only be bad but in waste for cut twenty tree a  find that two tree be cut be good   light winch Lutw term Rep in a action of  waste for cut down twenty tree if the verdict be find for the plaintiff as to  two tree only yet he shall not be amerce for the residue ante Edward pl Edward  pl Hobart dyer palm cro James       Ent cro Elizabeth roll Abr side Mod Com  dig error of a judgement in waste babington assign for error which be not any  of the error assign in the record that judgement be give by default in a writ  of waste make in house garden et orchard assign the waste to be do in the  house in diverse place and in the orchard in cut down of twenty appletree and  upon the writ of enquiry of waste the waste be find to be in cut down of two  appletree c et quod no one other to make empty that this find be imperfect  second because waste be find in cut down two appletree and that the plaintiff  ought to be in pity for the residue which be not so enter therefore error for  the precedent be that where waste be find in part et quod no one other to make  empty as where waste be assign in cut down twenty tree croak car and the jury  find that he cut down but two tree or less than the plaintiff assign the  plaintiff shall be in pity Berkley justice hold that it be here good enough  for true it be there be a diversity where the writ of waste and the count be  in house kind of water fowl et garden and upon the writ of enquiry of waste  the waste be find in house et garden and nothing in kind of water fowl there  the plaintiff shall be amerce because he count for waste in place where no  waste be commit in the one of they but where waste be assign in cut down  twenty tree and the waste be find in cut down two tree and so vary only in  quantity it be otherwise but Jones and myself doubt thereof croak car easter  term car in the king bench sir John Brampston Knt chief justice sir William  Jones Knt sir George croak Knt sir Robert Berkley Knt justice sir John bank  Knt attorney general sir Edward Littleton Knt solicitor general