CCCCXLVII hudson and leighs case SC   Rep see Midland insurance company v  smith Q b d Brunsden v Humphrey Q b d appeal of Maheim damage Robert Hudson  bring a appeal of mayhem against Robert leigh for maim this right hand and for  cut of his vein and sinew which by that mean be become dry so as thereby he  have lose the user of his finger to which the defendant plead that heretofore  the plaintiff have bring against he a action of assault and battery and wound  and therein have judgement to recover and execution be sue forth by to know  facias and satisfaction acknowledge upon record of mark assist by the jury for  the damage and S de increment by the court with averment of all identities  Cooper sergeant the same be a good bar and although that a appeal and a action  of trespass be diverse action in nature and in many circumstance yet as to the  recovery of damage the one shall bind the other see e a good case in trespass  for break of his close and battery the defendant plead that before that the  plaintiff by bill in the Marshalsea have recover his damage for the Leonard  same trespass c and vouch the record and the record be send the which be vary  from the record plead for the record vouch be only of battery without any  thing of break of the close and also the battery be tax at another day c and  with averment yet as to the battery it be hold good enough with averment and  as to the break of the close the plaintiff have judgement see e short catalog  r coronae and the case betwixt rider plaintiff and Cobham defendant pasch  Elizabeth rot it be clear hold and adjudge that after a recovery in trespass a  appeal of nahein do not lie and the book which deceive the plaintiff be e  where it be say by Thorp that notwithstanding recovery in appeal of nahein yet  he may after recover in trespass but non to say e contra Popham contrary the  plea in bar be not good for the averment be that the stroke and the wound  suppose in the writ of trespass and in his appeal of nahein be all one but it  be not aver that any damage be give for the nahein or that the nahein be give  in evidence for it may be that there be not any nahein when the trespass be  bring but that afterby the dry of the will it become a nahein and then the  action do rise as if a man upon a contract promise to pay I at Michaelmas and  other at Christmas if he do not pay the at Michaelmas I may have a action upon  the promise for the not payment of that and afterward I may have another  action and recover damage for the not payment of the at Christmas but if I do  not begin any action before Christmas I can recover damage but once for the  whole promise and damage shall be give in evidence and if be seize I may  recover damage for the first entry and notwithstanding that I shall have a  assize and if I do reenter I shall have trespass and recover damage for the  mean profit and the damage recover for the first entry shall be recouped and  the book cite before Fitzherbert coronae do not make for the defendant but  rather for the plaintiff for there it be aver that the nahein be give in  evidence in the action of trespass which it be not in our case Egerton  solicitor we have show that succisio a blood in this appeal specify be eaden  succisio vulneratio mention in the trespass coke although the identity of the  wound and cut of the vein be aver yet it be not aver that the damage recover  in the trespass be give for this nahein Wray chief justice the juror be to  take consideration of the will in a action of trespass and to give damage  accord to the hurt and we ought to think that they have do accord bend if they  have not so do the party may pray that the court by inspection will adjudge  upon it and so increase the damage but now when the jury have give great  damage sure mark with which the party have be content it shall be hard to give  the plaintiff another Leonard er p action and if there be any such special  matter that it be not become a nahein at the time of the action of trespass  bring but it be become a nahein of late time by dry the plaintiff ought to  have show the same to the court and so have help himself for otherwise it  shall not be so intend but that the averment make by the defendant be good  enough to oust the plaintiff of this action and the judgement cite Elizabeth  before be give by I after I be constitute chief justice and this bar as I  conceive be draw out of the plead in Elizabeth and afterward judgement be give  against the plaintiff   ante Leonard mich Elizabeth in the king bench