ccxxii GILESS case a writ of error be bring in the king bench to reverse a  judgement give in a action upon the case in the court of common plea where the  writ bring against the defendant there in that case be quare be praised  stagnum per quod meadow of the plaintiff be overflow the defendant in the  action there plead not guilty and the jury find that the defendant eiexit  stagnum and they say that if the court shall judge that erection and  exaltation be all one then they find that the defendant be guilty and  afterward judgement be give in the say court of common plea for the plaintiff  whereupon this writ of error be bring and Glanville sergeant who argue for the  plaintiff in the writ of error allege the general error videlicet that  judgement be give for the plaintiff where it ought to be round for the  defendant and he say that to raise up stagnum be de to make new to make  Leonard er p be praised be raise majoris height to make deexaltare be ad  former height to lead to to strew before stagnum be inside to lift and in  every action upon the case such apt and precise word be to be in the writ  accord as his case require unto the end that judgement may in such action be  give to the plaintiff accord to his plaint and his damage in e in assize  Leonard of nusans quare be praised stagnum ad nocumentum unconstrained  tenementi Himself the defendant plead that he have not enhance it after it be  levy and there it be say by draw sergeant that there be not any other writ in  the chancery but quare be praised stagnum but that be deny by Herle for that  be say that the plaintiff may have a writ out of the chancery quare to lift up  stagnum and there by that book it be assign that to lift up stagnum be praised  stagnum do differ and therefore be say that in this case the writ shall abate  for the use of one word foe another e Fitzherbert Nusans by Chauntrel in a  writ of nusans quare to lift up if it be find that be levy it to the nusans c  the whole shall be destroy but in a writ quare be praised nothing shall be  pull down if it be find for the plaintiff but that which be enhance only so  ass Br nusans the same case be put and see e Fitzherbert nusans if the nusans  be find in any other form than the plaintiff have declare be shall not recover  and in e the writ be quare to visit lesson aquae c and the plaintiff show that  the defendant have set pile and such other thing in the water by reason  whereof the course of the water be straiten and because the plaintiff may have  have a writ quare coarctavi lesson aquae the writ be abate another exception  be take videlicet that the assize of nusans ought to be bring against the  tenant of the freehold and therefore it will not lie in this case it not be  show that the defendant be tenant of the soil with h by moil if a way be  straiten and impair a action upon the case lie but if it be altogether stop up  then a assize must be bring but there it be say by Prisoit that if the stop up  of the way be do by the tenant of the land then a assize lie if by a stranger  then a action upon the case but for common nuisance no action lie but they  ought to be present in the courtleet or turn and there redress and such be the  opinion of the whole court in this case then it be move that one of the  plaintiff in the writ of error have release and the question be whether that  release shall bar his companion to which nothing be say at another day the  case be move again and draw sergeant say that be praised and to raise up be  all one but all the justice be against that for that to raise up be de to make  new to make and be praised be in mayor height to lift up and afterward  judgement be affirm   trin Elizabeth in the king bench