case hearne against bushel a writ of error in person thou be not a supersedeas  after affirmance SC stram SC Kely SC barn a writ of error have be bring in the  court of king bench on a judgement bad in the Marshalsea court and the  judgement below be affirm and a new writ of error in person thou be now bring  Mr Parker move that this writ of error may be quash and the defendant in error  be at liberty to take out execution the last writ of error be illegal as it  lie only by abatement by death c modern Mr strange on the other side cite the  case of Thomson v hunt easter term Geo a which be a judgement obtain in the  palace court on which a writ of error be bring in the court of king bench and  the judgement affirm and afterward a writ of error in person thou be bring and  coverture in the defendant assign for error and it be move to quash the writ  of error upon a affidavit that this very defence be use at the trial and a  verdict notwithstanding against the defendant but the motion be deny page  justice that case be very different from the present for coverture have be  plead in this action in the court below and yet a verdict give against the  defendant it appear judicial to we upon the record that that matter have be  try below otherwise in the case cite at another day Mr Parker for the  defendant in error insist upon the distinction take by page justice and that  the proper time for take advantage of any error in fact be upon the first writ  of error and not have do it at that time the plaintiff be preclude it have  often be determine that after a affirmance in the exchequer Chamber of a  judgement give in the court of king bench and a remittitur of the record into  the king bench error in person thou do not lie lev keb and the case of Lambell  v pretty John Hilary term Geo b Mr strange on the other side cite salk show  Yelv roll Abr pl modern er p the court be clear of opinion that the allowance  of a writ of error in person thou be a matter of discretion in they and not a  writ of right and that there can be no reason to allow this it appear upon the  plead that this matter have be already determine by the jury and be a matter  proper for their determination lee justice cite vent Mod Carth and the case of  buller v Muntamos Geo the writ of error be quash