Carthew black all versus girl mich I or will mark b r rot nothing shall be  assign for error which may have be plead to the action comb Danv p roll cro  palm to know facias upon a judgement against t S issue against his tertenants  of his land c and on a to know to make return against several of they they  come in and plead that e g be another tertenants c and not summon and then a  second cognizant fa issue against the say e g who be return tertenants and  that he be a infant under age c whereupon the parole demurrer for infancy and  afterward the say e g attain d to his full age and then the plaintiff in the  original action prosecute a resummons against all the tertenants aforesaid and  the sheriff return they all summon by name and there be judgement on the to  know facias by default against all of they and now upon a writ of error bring  on that judgement the error assign in fact be that e S one of the tertenants  return upon the cognizant fa and also one who be return to be summon upon the  writ of resummons be dead before the day of the return of the say writ and in  this writ of error all the survive tertenants and also r S son and heir of e S  decease join and in the writ all this matter be set forth and the title of r S  as heir by descent and the error be assign by all of they joint and upon a  demurrer two objection be make against this writ of error that the writ will  not lie because of the laches of the plaintiff himself for he may have plead  it upon the return of the writ of resummons and have neglect that opportunity  he shall never after assign the same matter for error for this a rule that  nothing shall be assign for error which the party may have plead to the action  and have a proper time so to do and to prove this the case in the margin  footnote be cite that in this case there be several writ of cognizant fa ut  above and therefore the plaintiff can all join in one writ of error and it  have be adjudge that where several writ of cognizant fa issue against several  tertenants in several county upon one and the same Carthew judgement those  return upon the one writ can take advantage of any error in the proceed on the  other writ for the action be several and so it be adjudge in angel and Cooper  S case but per curian it be adjudge that the writ be well bring and the error  well assign and as to the first objection it be answer that the plaintiff have  no time to plead the matter for by the death of e S one of the tertenants  before the return of the writ of resummons all the proceed on the cognizant fa  be discontinue and the party out of court and so have no time to plead any  thing afterward and the death of one tertenant put the whole without day and  for that holt Ch justice cite the case in the margin and as to the second  objection the difference be where the several writ of cognizant fa issue into  several county there the law be ut above but in the principal case the last  cognizant fa be only supplemental to the first and then both make but one  action cro cro f n b cro I cro cro car Danv p Carthew er p and for these  reason the court give judgement for the plaintiff in the writ of error and say  that the defendant Gell must bring a new cognizant fa against the tertenants  for the old writ be put without day causan how above Carthew de term sanct  hill willi nariae in b r