bishop for STRACEY pasch Geo two b r action upon the case demurrer action upon  the case upon several promise and the plaintiff declare against the defendant  in custodian domini king mareschalli c the defendant demurrer special and  assign for Cause that the style of the court be ill set out for as this case  stand it do not appear the defendant be before the court in all case where the  defendant be sue by bill in this court he be in the declaration to be in  custodian mareschalli Mareschalsi domini king in person Self ring existen this  be the proper style and it be this which give the court a jurisdiction the  second Cause of demurrer be because it be say general the plaintiff come c and  it do not appear in what manner whether by attorney in proper person or by  guardian and it can be intend he come in not common with others mask because  it be not say secundum law privilegi what cur there be W Kelynge many instance  where the plead have be hold ill because the attorney name have not be special  mention but only say quod go for sale c per Atturnatum suum roll Abr pl so  there be case where it have not appear in what manner or by who the party  appear as in roll Abr it be say quod defendens go for sale to be evident  general and this be hold to be error because it do not appear by the record  whether in proper person or by attorney Mr d counsel content there be numerous  precedent in the book where the party may both sue and defend in not common  with others mask and it be alter general in this court it must be intend he  come in proper person as to the style of the court there be a great many act  of parliament where the description of the court be set out in the same manner  in custody of the marshal of the king bench the description of the office of  the marshal of this court be not so strict regular as to admit of no variation  or diminution for in salk a Sci fa be bring against a bail and the breach  assign be that the defendant have not render himself prisonm mareschalli  Mareschalsi domini king omit the word in person Self ring and yet this be hold  good notwithstanding it be object the king have another marshal and that be  the marshal of the household for the marshal of the king be the marshal of the  king bench and no body else can be understand so in salk Sci Fac on a  recognizance of bail assign breach that the defendant do not pay nor render  Prisonce mar maresch our men without say any thing W Kelynge er p further and  yet it be hold good and sufficient and in the stat W c it be call the marshal  of the Marshalsea of the king without say Self ring cur both the objection  seem to be strong one for although in common parlance a office may be so  describe as to be understand yet in plead it must be describe in that manner  in which it be take notice of in law act of parliament do not always so strict  follow the description of thing as be necessary in plead suppose a information  in the name of the marshal of the king bench or shall a action be bring  against Mr Ventris will it be sufficient to declare against he by the name of  the master of the king bench as to the other objection they hold it be  necessary to show in what manner the plaintiff come and appear whether by  attorney guardian or in not common with others mask and it be not sufficient  to say general he come and appear for that can be intend a appearance in  proper person say adjornatur W Kelynge pasch Geo trueby versus baker error  upon a judgement in c b and the same objection be take by Burrel that it do  not appear in what manner the plaintiff sue whether by attorney or in proper  person