case brook against cook a action on a escape from execution on a judgement  obtain by the plaintiff as executor must be bring by he as executor and not in  the debet et to hold off in his own right queen SC comb SC Carth SC holt debt  upon a escape against the defendant as marshal set forth a judgement recover  by her as executrix and the party in execution and let at large fresh pursuit  plead verdict for the plaintiff move in arrest of judgement that the plaintiff  have bring the action in the debet and to hold off in her own right whereas  the recovery which be the foundation of the action be as executrix that the  action for the escape ought to be bring in the same right it be of the same  nature and kind and a remedy which the law give her to have satisfaction upon  that recovery shower KB which she have as a executrix and this course be a  invert of the nature of the administration sir George reynell v Langcastle cro  James be express that this money will be asset Thompson e contra this be bring  upon a judgement by her and a execution upon her suit and therefore her own  beside it be help by the statute of Jeofails and so be Frewen v pope side debt  for rend upon a lease of the testator in the debet and to hold off help after  verdict and Comber v Wotton in side action against a heir in the to hold off  only aid by the verdict and the statute of Jeofails and car c a holt chief  justice where a executor bring a action in the debet where he ought not it be  help by the statute and car c but the quaere be whether this action be bring  as executor or in her own right if this be so and remain uncertain it will  remain uncertain still whether this judgement be in her own right or not in  case of trover or trespass if it appear the wrong be in her own time though  she be call executrix in the declaration yet it may be in her own right so  here it appear uncertain dolben justice if a executor bring debt and recover  and then a escape of the party the suit for the escape must be as executor and  so it be agree in the case of Holman v Chute cro James and per curian  judgement be arrest b c this be the notion of sir Edward coke Inst and the  practice be say by Hawkins to be ground rather upon connivance than the  express rule of law hawk p c but sir Matthew hale be of opinion that a justice  of peace have power to issue a warrant to apprehend a person accuse of felony  though not indict hale p c and this practice seem now by long custom to be  establish black Com d see Bl Com e see Inst f see hale p c Bl Com Bl Com hawk  p c ch S Carth a see also whether it be aid on a general demurrer ld raym b  but the law in this case and of those cite in the margin to the same effect  seem to be deny by the case of Crawford v Whittal dougl note where the  plaintiff in a indebitatus assumpsit declare that the defendant be indebt to  he as administrator and on demurrer one objection be that there be no profert  of the letter of administration but the court say that profert be unnecessary  because in this action the plaintiff have no occasion to have describe himself  as administrator shower KB er p