case luttin against benin a action lie against a sergeant at mace for arrest a  person on process from the sheriff court in a action of debt on bind if it  appear that the bind be make out of the jurisdiction of the sheriff court S c  salk S c holt action of escape against a sergeant of woodstreet compter upon  not guilty plead it appear that the action on which he arrest the person who  escape arise out of the jurisdiction and the process be execute out of the  jurisdiction Mr air where a inferior court hold plea of matter out of their  jurisdiction it be in person non judge there be a difference between proceed  erroneous where they have jurisdiction and where they have no jurisdiction a  Nichols v walker cro car Papillon v Buckner hard a that action will lie  against officer appear from the averment necessary for the officer videlicet  that the cause be infra jurisdiction in order to justify and if a inferior  court hold plea of a matter out of their jurisdiction all their proceed be  void and in person non judge and may be avoid by plea b adney v Vernon lev die  v olive march b but where they have no jurisdiction no action will lie c mico  v morris lev Richardson v Barnard roll Abr c action may be bring against the  officer as well as against the plaintiff d hob cro Elizabeth   cro James t  Jones vent Mod d if a man bring a action in a inferior court as in the  starchamber a action will modern report er p lie and so where a man sue in  person non judge e turner v Felgate lev e it not be in the ordinary way of  justice No action of escape will lie in this case f see roll Abr march Bulst  and the case of squib v hold Mod S c Freem f Mr Whitacre contra it be a matter  transitory and the court have prima fancy a jurisdiction no one shall take  advantage of it but the defendant g yearbook Edward pl Inst Rinchs case raym  Neudick v Stuit keb weaver v Clifford Yelv S c cro James S c Bulst g and it  shall be at his election to avoid it by plea or not and the defendant in this  case be a wrongdoer and so shall not take advantage of his own wrong he say he  be inform that in the city of London they never say the cause of action modern  report arise within the jurisdiction as they must in all other inferior  jurisdiction a sheriff can take advantage of any erroneous proceed if he  suffer a escape holt chief justice three thing be to be consider as to the  limitation of inferior jurisdiction videlicet person time and place as to  person and place as in the case of the Marshalsea and those of the household  for in that court they have jurisdiction only in debt trespass and covenant  and therefore shall they hold plea of a action on the case it be plain they  have no jurisdiction and as to thing be say the city have jurisdiction in all  cause and be only restrain to place and therefore the defendant ought to have  plead to the jurisdiction for if he admit of the jurisdiction he be for ever  after estopped a gelder v Pratt cite ld ray a and a issue may be take upon it  and if it be find to arise within the jurisdiction judgement final ought to be  give if a man be wrongful bring into a jurisdiction and there lawful arrest  yet he ought to be discharge for no lawful thing find upon a wrongful act can  be support b Mod b if a justice of peace make a order for a man to keep a  bastardchild which in reality be bear two day after marriage all the officer  act under that order be wrong and they be liable because a justice can have no  jurisdiction of the thing but in this case the court have jurisdiction of the  thing and therefore it ought to have be avoid by plea Powell justice be of the  same opinion and say where a inferior court have jurisdiction in a transitory  action the defendant ought to plead it otherwise non constat but it do arise  within the jurisdiction and to make it in person non judge it must appear that  the court have no jurisdiction powys and gold justice of the same opinion so  judgement be that the officer be liable to the action c see pool v Gwin Lut  squib v hold Mod Truscot v sloper ld ray Moravia v sloper comy Rep Higginson v  Sheif Cowp Rep Roland v veil Cowp Trevor v wall term Rep Cooper v boot term  Rep c nisi the defendant show cause within a week