case robert king against mary king Hilary term Elizabeth roll a verdict can be  amend in a matter of fact as in a ejectment on the demise of Ann and in the  nisi prius record she be call Agnes for they be several name croak Elizabeth  er p roll ab roll ab cro James more Carth cro car burr Com dig Cowp term Rep c  b error of a judgement in the common plea in a ejection loyal the error assign  be because the ejection suppose be of a demise of Thomas bull and Ann his wife  the defendant plead not guilty in the record of the nisi prius the demise be  allege to he by Thomas bull and Agnes his wife so Agnes for Alin and so not  warrant by the record and the verdict and judgement thereupon erroneous it be  move on the other part that Ann and Agnes be all one name and if they he not  vet in regard she be name the wife c although she he misname it be not  material and if it be material yet it be amendable because it be the default  of the clerk that the record of nisi prius vary from the principal record  which be the warrant thereof but all the court resolve that Ann and Agnes be  several name and that it be not amendable after verdict because it be a matter  infait and may he to the prejudice of the jury to make they give a false  verdict for if it shall he amend it shall he to make it agreeable to the first  record and that peradventure will he false for Thomas bull and Ann his wife do  not demise the truth be that the lease be by the name of Agnes and if the  record of the nisi prius have be agree with the principal record the defendant  can not have be find guilty of this lease and this alteration shall he to  alter the verdict in matter of fail which never ought to he vide Henry pl  Henry pl Henry pl dyer Richard pl gawdy and Fenner hold clear that this  misnomer of the feme make it material and avoid the whole lease and it be not  the same lease whereof the plaintiff declare but Popham doubt thereof because  the name her wife be sufficient and the name the Christian name be idle and  not material vide ass and dyer el adjournatur afterward Michaelmas term  Elizabeth it be reverse for the error assign