case John LYDE Plaintiff thomas RODD Defendant in error that February Mews dig  thirteen in a action for damage against a attorney for fill a bill in chancery  without any authority from or even with the knowledge of the plaintiff which  be afterward dismiss with cost and the plaintiff oblige to pay those cost he  may lie his venue either in the county where the court of chancery be hold or  in the county where he actual pay the money the defendant a attorney of the  court of queen bench without any authority from or with the consent or privity  of the plaintiff cause a appearance to be enter in his name to a action of  debt for l bring against he in the court of common plea at the suit of one  Hugh rod and afterward confess a judgement thereon and he in like manner file  a bill brown in chancery in the name of the plaintiff pray relief against such  judgement which bill have no sort of equitable foundation be dismiss with cost  and the plaintiff without be at all apprise of these proceed have process  serve upon he in the county of Hereford where he live for payment of the cost  of such dismission amount to and which he be accord oblige to pay the  plaintiff be just incense at such unwarrantable proceed of the defendant  commence a action against he in the court of queen bench in Hilary term and  lie the venue in the county of Hereford where by pay the cost he sustain the  damage on the that of August follow this cause be try at Hereford before Mr  justice Powell when after a full defence make by the defendant and a  examination of near twenty witness on both side the jury find a verdict for  the plaintiff with damage and S cost the defendant however in the ensue  Michaelmas term think proper to move the court of queen bench in arrest of  judgement and that court be of opinion that as the court of chancery be hold  in Middlesex and as the proceed by which the damage accrue be have there the  action be bring in the wrong county and therefore give judgement for the  defendant to reverse this judgement the present writ of error be bring and on  behalf of the plaintiff it be insist a Kettleby I girdler that his cause of  action arise in two county the defendant contrivance and actual damage to the  plaintiff in the county of Hereford where they both live and the exhibit of  the bill in the county of Middlesex and therefore the plaintiff be at liberty  to bring and try his action in either county that by the strict rule of the  commonlaw judgement ought not to be arrest or give against the plaintiff after  he have obtain a verdict but if any doubt shall arise upon this point the  plaintiff be entitle if necessary to the aid of the several statute which have  be pass for the amendment of the law particular the that and that of car two c  which enact that after a verdict judgement shall not be stay because there be  no right venue so as the cause be try by a jury of the proper county or place  where the action be lie and the that and that Ann c whereby it be provide that  the judge shall give judgement even in case upon demurrer accord as the very  right and matter in law shall appear to they without regard any imperfection c  in the declaration so as sufficient matter appear in the plead upon which the  court may give judgement accord to the right of the case and that if the  plaintiff shall be oblige to bring a new action in the county of Middlesex the  expense of a trial there and of bring his witness out of Herefordshire will be  too great for his circumstance and therefore he must sink under his misfortune  and lose all the charge he have hitherto be put to in obtain justice brown on  the other side it be say e Northey that the plaintiff may have have justice do  he at first by bring his action in the proper county and that since the  judgement be arrest he may have try a new action there at much less expense  than by the present mode of proceed brown er p but after hear counsel on this  writ of error it be order and adjudge that the judgement give in the court of  queen bench shall be reverse and that judgement shall be give for the  plaintiff jour vol p the plaintiff afterward petition the house p state that  the house have reverse the judgement give against he in the court of queen  bench and have order that court to give judgement for the petitioner with his  cost and damage but that notwithstanding the say order the court have refuse  to give judgement for the petitioner or make any rule therein allege that  judgement ought to have be give by the house whereupon it be order that the  former judgement of the house shall be alter and amend by leave out these word  and it be further order that the court of queen bench shall give judgement for  the plaintiff John lie and insert instead thereof and that judgement be hereby  give for the plaintiff John lie and that the court of queen bench do tax the  say John lie his cost as if the say court have give judgement for he