chapman all versus butcher mich will mark b r see before porter versus butcher  the condition of a bind in replevin good show comb the plaintiff be late  bailiff of the borough of new Windsor bring a action of debt on a bind of  against the defendant who crave oyer of the bind and condition upon which it  appear to be a bind take by the say bailiff of c from the defendant and one  pile upon a replevin Carthew the condition be that if the abovebounden John  butcher do and shall prosecute and follow with effect his suit commence in the  court of record of the borough of new Windsor against Thomas porter for the  unjust take and detain the good and chattel of the say John butcher videlicet  at new Windsor within the jurisdiction of this court and do and shall make  return of the say good and chattel if a return thereof shall be adjudge by law  against he then this present obligation to be void or else c and after oyer  the defendant plead that he have prosecute the suit in the court of Windsor  with effect ita quod judgment superinde condition to be but that he the  defendant bring a writ of error thereon in b r where the judgement be reverse  as by the record it appear the plaintiff reply protestand that the defendant  do not prosecute his suit with effect pro plea to say that the judgement below  be that porter the defendant shall have a return and that before any return be  make the defendant bring a writ of error upon which the judgement be reverse  but that it be then far adjudge by this court that the plaint in new Windsor  court shall abate and that the aforesaid porter shall have a return  irrepleviable and upon a demurrer to this replication it be object that this  be a unlawful bind because the bailiff ought to have take pledge and not a  bind but admit the bind to be good yet the condition do not extend to any  judgement of return habend in any court but only in Windsor court where the  plaint be levy and the judgement of that court be now reverse say per curian  this be a lawful bind and this the common course even at this day to take such  bind and the condition be well pen all the word be general the first part be  if be prosecute his suit commence with effect in the court of Windsor which  word be not bind up to a prosecution only in that court but extend to the  prosecution of a writ of a error in b r for that be a part of the suit  commence below and the latter word be as general videlicet and do make return  c if a return be Inst b cro Elizabeth Brereton v Evans Carthew er p adjudge by  law so as this not confine to the judgement of any particular court and for  these reason the plaintiff have judgement