case CARRILL against Cockran the defendant order to put in special bail on a  special assumpsit for money win at play S c holt the question upon motion be  whether they will hold the defendant to special bail in a special assumpsit  for money win at play Turton and gold justice seem to incline they shall not  give he better security than he be Willing to take at first but holt chief  justice say they never ought to enter into the merit of a cause upon a  question about bail for to order common bail upon merit will slur a man a see  the case of clark v Thompson executor of Isaac cro James b Yelv c Chan case Eq  Abr d judgement be give for the defendant and afterward a writ of error be  bring S c ld ray but the plaintiff in error perceive the court above incline  to affirm the judgement do not proceed S c Carth say qure if it be not affirm  term Rep the argument of gold and Turton justice in this case have be approve  of and confirm by a recent determination in the court of king bench in which  it be decide that a bind condition for the payment of money after the obligor  death make to a woman in contemplation of the obligor marry her and intend for  her benefit if she shall survive be not release by the marriage Milbourne v  wart and other Michaelmas term Geo term Rep to e see the case of cotton v  cotton Prec Chan S c vern S c Chan Rep Acton v Acton Prec Chan S c vern Carrel  v buckle Peer wms Waltikins v Waltikins atk Tyrill v hope atk beard v beard  atk modern report er p cause of action and no man ought to have his cause try  with disparagement upon it and though this may be for money win at play yet it  be a lawful contract which the Act of parliament allow of and no man ought to  be wise than the law and this be give money against money for which  indebitatus assumpsit will not lie a but a action upon the special contract  and to say that because he depend upon the defendant word at first he  therefore shall have no special bail will be a reason why there shall be no  special bail in any simple contract and here special bail be order and it be  say to be so order in like case in the common plea michaelmas term the eleven  of William the three in the king bench sir John holt Knt chief justice sir  Thomas Rokeby Knt sir John Turton Knt sir Henry gold Knt justice sir Thomas  Trevor Knt attorneygeneral John hawles Esq solicitor general memorandum case  sir Thomas Rokeby Knt die on the twentysixth of November in this term after a  long illness