case read against dawson in debt on bind against the defendant as executor if  issue be join whether he have asset on a particular day it be a immaterial  issue and on verdict for the defendant a repleader shall be award debt upon  bind against the defendant as executor issue be join whether modern er p the  defendant have asset or not on the thirty day of November which be the day on  which he have the first notice of the plaintiff original writ and it be find  for the defendant that then he have not asset it be move for a repleader  because it be say that this be a immaterial issue for though he have not asset  then yet if he have any afterward he be liable to the plaintiff action but  barrel sergeant move for judgement upon this verdict by reason of the statute  of Henry c which help in case of mispleading or insufficient plead it be true  there be many case which after verdict be not aid by this statute as if there  be two affirmative which can make a issue or when after a traverse issue be  join with a hoc petit qubd inquiraturper native land this be no issue and so  if there be no plea at all as if a action be bring against husband and wife  and she plead only cro James so if the party put himself super native land  where it shall be try by record or if the plea be nothing to the purpose or  lie not in the mouth of the party such immaterial issue as these can be good  the difference in more be that if the plea on which the issue be join have no  colourable pretence in it to bar the plaintiff or if it be against a express  rule in the law there the issue be immaterial and so as if there be no issue  and therefore it be modern not aid by the statute but if it have the  countenance of a legal plea though it want necessary matter to make it  sufficient there shall be no repleader because it be help after verdict here  the party only doubt whether there be asset at the time of the notice and it  be find there be none and so judgement be to be give accord the whole court be  of that opinion but Atkins justice be clear that if the party join in a  immaterial issue there shall be no repleader because it be help after verdict  by these word in the statute videlicet any issue it be not say a issue join  upon a material point and the intent of the statute be to prevent repleaders  and that if any other construction shall be make of that Act he be of opinion  that the judge sit there not to expound but to make a law for by such a  interpretation much of the benefit intend by the Act to the party who have a  verdict will be restrain the other justice be all of opinion that since the  make of this statute it have be always allow and take as a difference that  when the issue be perfect material there shall be no repleader but that it be  otherwise where the issue be not material and Scroggs justice ask merry if  debt be bring upon a bind and the defendant plead that robin hood dwell in a  wood and the plaintiff join issue that he do not this be a immaterial issue  and shall there not be a repleader in such case afterverdict Adquod non fuitre  free will