case baldwin against church if one of two executor plead plene to manage prter  S and conclude in bar and the other plead plene to manage general the first  plea be have S c stram Writ of error out of the court of common plea the  original action be a action of debt for twenty pound against two executor the  one plead plene to manage as to all the asset in his hand prter forty shilling  and conclude quare action non the other plead plene to manage general the  plaintiff demurrer general to both plead and judgement be give in the court of  common plea for the defendant and a writ of error bring Mr York for the  plaintiff in error if a man take upon he to plead to the whole and then plead  such a plea as go but to part of the action the plea be have for the whole a  plea be in its nature entire and can be good in part and void or have modern  report er p for the rest the defendant have here plead in bar to the action  such matter as amount to a confession of the cause of action and consequent  that the plaintiff shall have recover the defendant shall in this case have  confess the cause of action that he have asset unadministered modern report to  such a value and be ready to pay as far as his asset will enable he the  plaintiff have good cause of demurrer if one of the defendant plead be ill and  the court of common plea ought not to have give judgement for the defendant  the same judgement be to be give by this court as he court of common plea  ought to have give against both defendant and that judgement ought to have be  against both defendant de good testator and de good not common with others of  that executor that plead a ill plea as to damage and cost for each executor  have by law a interest in and power over the whole estate and therefore it be  that the plea of each executor shall bind the estate of the testator if it be  object that the plaintiff have commit a mistake in his demurrer by use the  word placitum predictum in the singular number it may be answer that placitum  be nomen proceeding by inference and to be take To give back one one accord to  sander a case quote arguendo roll Abr the yearbook Edward foe the Edward foe  the Henry dyer cro Elizabeth cro car a the court the judgement must be reverse  and the same judgement give here as shall have be give in the court of common  plea the plaintiff must take care to take his judgement right the plea be  undoubted ill for it set forth such matter as show plain that the plaintiff  have good cause of action and yet conclude quare action non which import that  the plaintiff shall not have bring this action at all if a man bring a action  of debt for twenty pound and the defendant plead that he have pay forty  shilling and conclude quare action non it will he have and yet here the  plaintiff may have bring his action for the eighteen pound only whereas in the  case of a executor the creditor must bring the action for the sum the debt  that be real due let the asset be never so small modern report the reason why  though the asset be very small yet judgement must be for the whole debt seem t  be for the prevent a fresh action in case of more asset b it be say that the  judgement of the common plea be reverse and a new judgement give by the court  of king bench for the plaintiff against one of the defendant only see Elwell v  quash and other stram b