case mayo against COGSHILL in ejectment against husband and wife if be be  acquit and she be find guilty judgement quod to take in hand against both be  not error post contra cro Elizabeth roll ab more cro James   a hob stram will  judgement in trespass reverse for want of way et arms in the declaration error  of a judgement in ejectment against husband and wife the defendant plead not  guilty and the wife be find guilty and the husband find not guilty and  judgement against the husband and wife quod to take in hand the error be  assign for this cause because the judgement ought to have be against the wife  quod to take in hand and not against the husband where be be acquit for be  ought not to be imprison for his wife offence croak car but roll for the  defendant in the writ of error move that it be not any error and that the  judgement in this case ought to be against they both quod to take in hand for  it be only for the fine to the king and the imprisonment be no long but until  the fine be pay and the husband ought to pay it for the wife can and to prove  this he cite a precedent in this court lews v white a where in a writ of error  upon a judgement in the common plea in trespass against husband and wife they  plead not guilty and the husband be acquit and the wife only find guilty and  the judgement be against they both quod to take in hand and it be assign for  error for this cause and the judgement affirm and broom the secondary say and  so be all the precedent of this court the court therefore here award accord  that notwithstanding this error the judgement shall be affirm but then another  error be assign that in the declaration there be not way et arms and upon view  of the record it appear that it be in the writ way et arms to go into c but in  the count it be omit wherefore for this cause the judgement be reverse b croak  car trinity term car in the king bench sir John Brampton Knt chief justice sir  William Jones Knt sir George croak Knt sir Robert Berkley Knt justice sir John  bank Knt attorney general sir Edward Littleton Knt solicitor general