case Cox against CROPWELL Hilary term Elizabeth roll in the exchequer Chamber  in trover upon the conversion of the wife if husband and wife plead quod Self  non are worthy of blame it be bad post cro Elizabeth cro car hob Brownl burr  where a issue be join on a immaterial point a repleader shall be award post  Henry pl Leon skin cro car hob Leon palm dougl Cowper dougl ld ray stram burr  the form of award a repleader post Leon Leon skin Lutw Bac Abr Cowp after in  nullo be erratum plead the court to inform their conscience may award a  certiorari post cro Elizabeth cro car roll ab salk Bac Abr stram error of a  judgement in the king bench in a action of trover against husband and wife  because the wife after coverture find good and convert they to her use they  plead quod Self non are worthy of blame and for this cause it be rule to be  ill for that no tort be suppose in the baron and so ought to have plead quod  self non be ind worthy of blame wherefore after verdict for tie plaintiff a  repleader be award whereupon they repleaded and traverse the conversion and it  be find for the plaintiff and judgement accord and error assign that the first  issue be well join and there ought not to have be a repleader Sed non  allocatur for the tort be allege to be in the wife and none in the husband the  issue shall be only that she be not guilty and so the prothonotaries of the  common plea certify to be their course another error be assign over as far as  that the judgement to replead be not good for it be because to see curiae quod  placitum preceding et exit superinde connected in space be minus sufficient in  lege therefore dictum be birth quod replacitent which be not any judgement for  it ought to have be therefore to look at closely be c say non allocatur for it  be a sufficient award to replead and the course be so altogether wherefore  rule be give to affirm the judgement it be afterward inform to the justice and  baron that there be not any bail enter for the wife and the action be  principal croak throw against her wherefore the judgement be erroneous and a  certiorari pray to certify it but it be move that in regard he have assign his  error and have not assign that for error and the defendant have plead in nullo  be erratum and the record be examine he may not now allege it for then it will  be infinite especial to reverse a record but peradventure to help a record in  affirmance of a judgement they may award a certiorari croak James er p ex duty  upon suggestion that there be diminution The justice hold that although the  party after in nullo be erratum plead be not receivable to allege such a thing  for error which do not appear in the record certify yet to inform the court he  may move they and they ex duty may award such a certiorari if they will  whereupon they award a certiorari and the bail certify to be well enter and  the judgement be affirm