coke a METCALFES case mich James in account no writ of error lie upon a  judgement quod computel et therefore in pity because c before final judgement  give general a writ of error lie not upon a award until the principal  judgement be give and no writ of error lie till the whole matter be determine  but there be exception as in case of felony for there upon a capias and upon  that a exigent award the administrator of the party indict who die before any  attainder may bring error and in debt against several by several sacred  scripture if there be error in the judgement against one he shall have a writ  of error if a writ of error from b r into king b be sue out in account before  final judgement the record remain in c b SC cro James godb roll Rep wood and  other bring a writ of e account in the common plea against c Elizabeth c Inst  cro car jenk cent cap d hale pl Cr die pl Stamf pi Cr a a dyer pl   a and c  Doct pl dyer pl cro Elizabeth keb b hale pl Cr Savil dyer pl Fitzherbert just  b dalt just c jenk cent cap dyer pl d hale pl Cr e roll keb hughes ab king b  way coke report b er p Metcalfe and upon issue find against he judgement be  give quod compulet a et a therefore in misericordid because non prius  compulavit upon which j Lidgment Metcalfe bring a writ of error and now two  question be move if after this judgement the writ of error lie or not the  second if the writ of error do not lie if the record be remove or not and it  be argue on the plaintiff side that the writ of error well lie for after this  verdict and judgement if the plaintiff die or if the plaintiff be a woman and  after this judgement take husband the writ shall not abate and so it be  adjudge in b Edward a and therewith agree c h a where in of writ of account  against one as bailiff and ne unquen son bailiff c plead and after trial  against the defendant judgement be give quod def to sum up and afterward the  plaintiff die his executor have a to know facias against the defendant which  be serve and he appear not for which a can jas ad computand issue against he  returnable at a certain day and the plaintiff pray a exigent against he and  have it vide d Edward a and in Edward a b in Robert de Holywels case it be  adjudge that after such judgement the plaintiff can be e nonsuit but  notwithstanding his default he may have a capias ad to sum up within the year  f and a to know facias after the year and therewith agree g h a b and there it  be say that by the judgement that the defendant shall account that the h  original be determine I Henry a b in I Ferrer case coke b but there it be say  that although in such case the plaintiff can be king nonsuit yet the default  of the plaintiff in such case shall bar he for ever and so be a judgement  there cite in Edward by Wilby vide Edward account m Edward a b n h b oh h a b  p Edward a it be hold that if two be adjudge to account and the one die the  other shall account alone and the writ shall not abate vide Edward account  Statham vide Edward brief Edward fol a in a writ of account the defendant be  award to account and a capias ad compulandum award and the defendant come in  by to take in hand corpus and the auditor be assign to he c wherefore the  party enter in account and plead a payment by the command of the plaintiff the  plaintiff traverse the command and upon that they be at issue and after issue  join the defendant be let to mainprize by recognizance and afterward the issue  be discontinue by the demise of king Edward before verdict give and in that  case two point be a where the defendant plead that he have full account and  the plaintiff obtain a verdict upon this plea the judgement be quod come well  and if instead thereof final judgement be enter and execution award upon it  both the execution and judgement will be set aside Hugh v burgess Cas tempt  Hardwicke a roll b e b a Fitzherbert account c h a Fitzherbert exec Br account  Br excom Br exigent roll Rep Br process Br to know fac Cr James contra d roll  Rep e Fitzherbert account f h b contra h b Fitzherbert accompl contra Br  account Br nonsuit   light b content cro Elizabeth roll cro James content Styl  pract king contra roll Rep contra g Br account Br nonsuit h postea contra  Fitzherbert account Br account Br nonsuit king   light b contra cro James roll  Styl pract king contra Cr Elizabeth roll Rep contra l h b m Fitzherbert  account n Fitzherbert account Cr Elizabeth Br account postea b Br nonsuit oh  Fitzherbert account Br nonsuit p Fitzherbert account Br account Fitzherbert  respond roll Rep coke report a er p resolve that the mainpernors be discharge  by the demise of the king that after such judgement give that the defendant to  sum up always the entry be therefore consideralum be quod predict m to sum up  etidem m in lnisericordid because prius non to sum up which prove that it be a  judgement and by consequence a writ of error lie upon it but it be resolve by  the whole court that the a writ of error upon his judg ment quod to sum up c  before the final judgement give lie not and that appear by the word of the  writ of error sure because in recordoetprocessu ac etian in reddition judgment  loquelce queen to be in Curi our men in person thou c per breve nostrum inter  TU et m quod id lie redderit prfat W the pure milk of reason computation suum  de how to be receptor containing ten each c error come between manifestus ad  grave damnum Self m c our wandering si quis fuelit modus debt is owed shoelace  et birth preceding full et celer justice become willing in here part thou  mandamus quod si judgment ind return sit tunc record et process loquelce pr6ed  cum omnibus she tangent c we c mittatisethoc breve c and all the question of  this case be what judgement be intend in the writ of error sure that quod  dependent computer or the latter judgement and it be resolve that b no writ of  error lie till the last judgement be give b and that for diverse reason when a  thing whereof there be diverse degree and quality be indefinite mention in a  writ count or other record the principal thing and the most worthy shall be  intend c as to Elizabeth dyer a a penalty inflict by Act of parliament to be  recover in any of the court of record of the queen shall be intend of the  principal coke a court at Westminster d Henry a in a account suppose the  defendant to be his receiver from the Feast of saint Michael shall be intend  the principal Feast of saint Michael the Archangel and not saint Michael de  monte Tumbee so e h b h h b if the father and son be of one name videlicet I S  if I S be name general in a writ count or other record it shall be intend of  the father for he be the more worthy c so Edward a b r title bar a f man be  bind to prove a thing he ought to prove it by the most principal proof in law  and that be by jury so g if fee be mention it shall be intend feesimple and h  if escuage it shall be intend the principal escuage and that be escuage  uncertain light fol a and see a notable case to this purpose in Edward Resceit  where the case be that in admeasurement of pasture against a man and his wife  judgement be give that admeasurement shall be make and afterward it be make in  the country and return to the common plea hill at which day the husband make  default and the wife come into court before the judgement give in the  principal and pray to be receive and be receive notwithstanding quod dictum to  be a part that she be come too late after the admeasurement award which a    light b palm cro Elizabeth roll godb Cr James roll Rep Bulstr hughes Abr Leon  cap b   light b b that error can only be bring on final judgement Vid  fitzwilliam v Copley dyer b pl and note there Samuel v Judin east vin ab error  m c die pl   b a more cro car l Jones hetley hut cro James Styl Rep   b cro  Elizabeth Ventris palm Cawley more Styl jenk cent Plowd a b roll Rep Inst    roll Rep light Rep d   a Fitzherbert count Br count Br exposition Br jour e    a Fitzherbert brief Br addition Br nosm h b a e b Br brief h c but it be not  conclusive that the father be mean thus where in a indictment for larceny the  good be lie to be the property of a b general proof that they be the property  of a b the son be sufficient j   a and ref hughes Abr g   a   a cro Elizabeth  h   b a light sect   light a Inst coke report b er p be a judgement ad quod  dictum to be per Herle that it be not a judgement upon the principal and where  the statute of W cap be si wife ante judgment to come c stalutum debet to come  to know de principal judgment so in e title Resceit assize of morldancester  against the husband and wife the assize be award by default and the assize  remain all the while pro diminution a swearer and now the wife pray to be  receive and it be object that judgement be give that the assize shall be take  and afterward the wife who come before the final judgement be receive and  therewith agree Edward ibidem ass pl after the assize award the wife be  receive Edward b and diverse other book agree the say word si judgment ind To  give back sit c be intend not only de principalijudicio as appear before but  also de fresh troops judgment see when all the matter within the original be  determine as in h a in Humphrey Bohuns case in a quare hinder bring against  two one plead to issue and the other confess the action upon which confession  judgement be give and he against who judgement be give sue a writ of error to  remove the record into the king bench Prisot et Iola curian that can be for  the writ of error rehearse all those who be party to the original writ and  then the writ say et si judgment ind To give back sit tunc record mock to have  wherefore it prove coke b that can he before the whole matter be determine to  which Littleton say if a writ of trespass be bring against two and one appear  and plead so that he be attaint of the trespass and judgement give against he  notwithstanding the matter be not determine against the other yet he against  who the judgement be give shall have a writ of error and the plea shall be  remove Prisot No true and the contrary to what you say be here late adjudge in  the case of the Lord Cromwell against Cawary and other h a b b d in trespass  by the lord of S against one for take his cattle as to parcel the defendant  plead not guilty and as to the other he plead another plea upon which the  plaintiff demurrer and afterward the issue be find for the plaintiff upon  which he have judgement yet he shall not have a writ of error till the whole  matter be determine and the reason of the say case be that if the record shall  be remove till before the whole matter be determine there will be a failure of  right for the judge f the king bench can proceed upon the matter which be not  determine and upon which no judgement be give and the whole record ought to be  either in the common plea or in the king bench also the original be entire and  can be there and here likewise h title error a man cast in a writ of error of  a judgement give where the judgement be give of the principal and of the  damage and not of the cost for which cause it be reject because the writ be  conditional si judgment ind To give back sit Elizabeth dyer b in a formedon  bring by fitzwilliam against Copley the demandant have judgement for part c  and afterward the tenant bring a general writ of error before the discussion  of the residue and earnest pray that the record may be remove in banc king  send Curianoluit hoc to go away before the whole matter demand be determine  for otherwise they shall proceed in a plea without a warrant and also the writ  of error say si judgment ind To give back sit and this word ind go to the  whole demand so in the case at bar the record shall not be remove till the  whole matter of the account be determine et judgment detur de fresh troops and  that can be till the judgement be give of the arrearage and damage c ne curian  domini king to withdraw injustitiam to hold forth the record shall not be  remove till the whole matter be determine e d in trespass against three if  there be judgement by default against two of they and the three plead to issue  and it be find for he the two only may bring a writ of error for the party in  who favour the judgement be give can say that it be to his prejudice king v  all saint Derby strange lady Cass v Title strange cannon v abbot lev Verelst v  Rafael Cowp SC black contra ball v Richard salk and Vid Tidds practice that  Edward e when judgement be give against several and one or more die the writ  of error may be bring by the survivor brewer v turner I strange sword blade  company v Dempsey strange coke report a er p the writ of error be to be intend  not only de principal et fresh troops but also de judgment violently damnoso  and coke a as to that it be to be know that the original writ of account  notwithstanding the say award do remain undetermined and upon that the  judgement in the end shall be give for the original be that the defendant to  sum up c and then the defendant enter in account before auditor c before who  he plead to issue which be find by verdict or in other manner that he be in  arrearage of a certain sum and then the plaintiff by force of the say original  writ of account shall have final or definitive judgement therefore to look at  closely be quod prd W recupere versus prfat m so much as be find in arreragiis  etdamna occasion interplacitationis c and that be the judgement by which the  defendant be charge with the account which be the effect of his suit and the  other award be but accessary to it for by the award quod computer no sum be  recover nor do it make a end of the original but be only a mean to bring it to  the end but the judgement by which he shall recover not only the arrearage of  the account but damage also as be aforesaid be the end and determination of  the original and therefore the writ of error may well say ad grave damnum of  he who be defendant in the account for by the judgement he have loss but not  by the award and therefore the judgement intend in the writ of error be  judgment violently damnosum to the defendant the four reason be that the award  quod computer be but as a award as a award that the assize shall be take a  award in waste a writ of encluiry of waste in trespass c a writ of enquiry of  damage in partition to make a award quod distribution flat in a writ of  admeasurement a award quod admensuration fiat a award that one shall be oust  of aid and the like which be but award of the court and be but interlocutory  and not definitive whereupon no writ of error lie till the last judgement be  give and therewith agree r title error by Belknap Skipwith and the whole court  that if a man pray in aid and be oust by award he shall not have a writ of  error of that award before the principal plea be determine vide Edward in  darrein presentment and opinion interlocutoria non to drive to jure civil till  the latter judgement the party have day by the a roll which prove that the  plea remain undetermined and hill Elizabeth rot b whether countess of Warwick  bring a writ of partition against Henry Lord Berkley where coke b judgement be  give upon a special verdict quod distribution of facio and before the last  judgement videlicet after partition make c quod p p parlitio firmaetstabilis  he er etuum to hold the Lord Berkley bring a writ of error and it be d resolve  that the writ of error lie not till the principal judgement give which  determine the plea as in a writ of dower when judgement be give that she shall  recover her dower there the original be determine and the sheriff shall make  execution of the three part by meet and bind which process need not be return  and for direct authority in the point in boundary to set bounds in e e fol a  Thorp come to the bar and say how that a bring a writ of account against b who  be award to account and a capias ad to sum up issue against he and now the say  b have bring a writ of error to disturb the account and pray that the record  may not be send till he have account stoufe it shall not for the plea be not  end until he have account et she de causan the court grant he that the record  shall not be remove et e title account Statham vide e and it be hold in f h b  in these word if the defendant be adjudge to a   light a b roll Rep Bulstr  roll hughes Abr roll Rep c cro Elizabeth d roll Rep   light a a cro Elizabeth  cro James Bulstr e roll Rep roll palm Bulstr Leon f Fitzherbert account before  b Br account Br nonsuit cro Elizabeth   light b roll Rep roll cro James Styl  pract king vin coke report a er p account and they be at issue before auditor  and the inquest be ready to pass and the plaintiff make default now shall the  plaintiff be nonsuit and shall not be receive after and if the plaintiff be  present and will not sue further he shall be bar in the principal action for  they say that though the party be adjudge to account yet the action be not  clear determine for the account depend upon the original and all be but one  and so the nonsuit or discontinuance now upon the process upon the account be  a discontinuance of the whole action and it be not like other action where the  plaintiff have once judgement to recover then the action be clear determine to  all intent and when he sue a to know facias to have execution he may be  nonsuit in it but that make nothing to the original judgement and yet upon  consideration of these and all the other book it may well be that to diverse  intent and purpose as in the say book appear the say award quod computer be a  judgement but not such a judgement for the cause and reason before as be  intend within the word of the writ of error sijudicium ind To give back sit  and for the most part every particular case which have be rule in the say book  may well stand upon a several and particular reason coke a know reader that  where it be say in this case that a writ of error lie not upon a award till  the principal judgement be give and where it be also say that no writ of error  lie till the whole matter in the original be determine both these rule be  regular true but yet each of they have exception for as to the first in Trin  Henry in the king bench rot the case be that one Eaton be indict of the death  of John m before justice of peace in the county of Lincoln upon which a capias  be award and upon that a exigent after which Eaton die before any attainder  upon which award of the exigent his administrator bring a writ of error and it  be adjudge that the writ of error do lie a and the reason be because by the  award of the exigent his good and chattel be forfeit and of such award which  tend ad tale grave damnum of the party a writ of error lie although the  principal judgement be never give and in this case exception let regulan et  such de like as to the second you will find in Henry title become facias it be  hold that in debt against diverse by several prwipes if there be error in the  judgement against one he shall have a writ of error for in those original in  which there be several declaration and error be against one he shall have a  writ of error and the record of his declaration and the plead c shall be sever  from the original and remove into the king bench and yet the original remain  here as well because the court of common plea be in possession of it as  because otherwise the common plea can not proceed to determine the residue  without the original and in such case as I conceive if there be error in the  original upon a certiorari the chief justice shall certify but the tenor of it  but where the original be one and one declaration he can have a writ of error  till the whole be determine for the record can be in the king bench and here  too it be likewise to be observe that in the principal case of Henry where  above that the writ of enter sur seize be bring of land and of rend as to the  land they be at issue and it be find for the demandant and the rend depend yet  in plea wherefore for the land he shall have judgement c and there Prisot say  bring we a special writ of error if you will and we will advice when we see  the writ if it shall be allow or not and in the same case the opinion of the  court be that the party in the principal case shall not have judgement of his  cost of suit until the coke b original I e all the matter in the original be  determine for he can know what damage he shall sustain before the suit be  determine vide a dyer Elizabeth b vide h a b as to the second point it be  unanimous resolve that the record be not remove because till such judgement  give as intend in the writ the chief justice of the common plea have no  authority to send it for the word be si judgment ind To give back a cro James  palm roll Rep hughes ab   III a side roll cro Elizabeth Owen Leon godb   light  b a palm die b pl coke report a er p sit tunc record et process c to cause to  go c and therefore the record do yet remain in the common plea upon which they  may proceed notwithstanding the roll be mark millitur c f