case mary Walthall against aldrich Michaelmas term James roll on a plea  conclude to the country which ought to have conclude to the court if the other  party join issue and a verdict be obtain the error be aid by the statute of  Henry c see ante   light a cro car side roll Rep strange will dougl Cowp if a  person bring a writ against a administratrix who be waive and the outlawry  thereon reverse he may have another writ by journey account in a action  against a administrator durante those inferior in rank lifetime it need not be  allege that the infant be under seventeen year of age error of a judgement in  the common plea aldrich in the common plea bring debt against the say mary  Walthall as administratrix of John Walthall during the minority of Lewis  Walthall his child the defendant plead riens the day of the croak throw writ  purchase the plaintiff show that another time videlicet June James he bring  another writ of debt against her as administratrix whereupon she be waive the  which outlawry for the insufficiency thereof be reverse in Michaelmas term  James and that he bring another writ of debt the say term videlicet November  James and that at the day of the first writ purchase she have asset in her  hand et hoc petit quod to seek after c et defendens similiter and verdict find  for the plaintiff and judgement thereupon the error assign be because there be  not any issue join with a affirmative and negative for when the defendant  plead riens the day of the writ purchase and the plaintiff say that she have  asset the day of the first writ purchase he ought to have conclude his plea et  hoc a preparation be verify a and not et hoc petit for the defendant may have  special matter to plead to discharge the asset videlicet that she have not  notice until such a day and that in the interim she have administer c as Henry  pl Edward pl and the plaintiff conclude his plea et hoc petit c et defendens  similiter it be the entry of the plaintiff and exclusion of the defendant to  rejoin and the issue be oftentimes so join without the defendant privity and  therefore to this new matter the defendant ought to have have time to rejoin  and Doderidge and chamberlain be of that opinion at the first motion but  Montague and Houghton wear against it for where the plaintiff conclude his  plea with hoc petit c if the defendant have any special matter to show to the  contrary he ought to have show it without join in the issue or may have  demurrer if he will but when he accept of the issue and join therein it seem  the trial be well enough wherefore they will advice afterward upon another  motion and upon a note show under the prothonotarys hand of the common plea  that they have diverse precedent of such replication and conclusion with hoc  petit c et defendens a by Ann c no exception shall be take for want of  averment by et hoc a preparation be verify unless show for cause of demurrer  croak James er p similiter and judgement thereupon videlicet Henry roll where  in debt against two administrator they plead riens inter maines the day of the  writ purchase nec unquan postea the plaintiff reply quod auter foits he bring  a writ of debt against they and a three person and that the writ abate and  show wherefore and that he fresh bring this writ by journey account and that  at the time of the first they have asset et hoc petit c et defendens similiter  and verdict and judgement for the plaintiff another precedent show Cheriton v  spray where in debt against the heir he plead riens per dissent the day of the  writ c the plaintiff reply as here quod auter foits he bring a writ of debt  against he and show the day and that the defendant be therein outlaw and how  afterward the outlawry be reverse for insufficiency and that he recenter bring  this writ and that at the day of the first writ he have asset c et hoc petit c  et defendens similiter and verdict and judgement for the plaintiff and the  book of entry where croak throw be such a replication wherefore they all  resolve that forasmuch as it be the defendant fault to join issue and trial be  thereupon have it be good enough second it be move that this be not a writ by  journey account for a writ of journey account be always where the writ be  abate by the death of one of the plaintiff or defendant or by reason of  misprision in the first writ or by some default or misprision of the clerk or  other like cause which ought to be manifest in the second writ but here be not  any cause for it be only for that the outlawry be discharge and it do not  appear for what cause so that it be do without any default in the plaintiff  vide   Spencer case but all the court hold that this writ be well bring by  journey account for when he pursue until the defendant be waive the first  original be determine and when the outlawry be afterward discharge there be  not any default in he wherefore it be reason he shall have another writ by  journey account which be quasi a continue of the former writ wherein the  defendant shall not take any advantage but such as he have at the time of the  first writ vide Henry execution Edward pl Henry pl Henry pl Henry pl three it  be object that this declaration be not good because it be bring against her as  administratrix durante those inferior in rank lifetime of l Walthall and it be  not avert that the say l Walthall be yet within the age of seventeen years Sed  non allocatur for true it be if one bring a action and entitle himself as  administrator durante those inferior in rank lifetime of one such he ought to  show that he be yet within the age of seventeen year as   Pigot case for that  he be to take cognizance how long his authority shall continue and he ought to  shewit to enable himself to the action but when he bring the action against  one as administrator durante those inferior in rank lifetime there such plea  need not be show for so long as the other continue his meddle he shall be sue  and the plaintiff need not to take cognizance of the age of the other as where  jointtenancy be plead on the part of the plaintiff the defendant need not show  how but if he plead it on his own part he ought to show in particular how and  here if her authority be determine it shall be show on the defendant part  wherefore the judgement be affirm