barlow versus crying Euhan b r to know facias against bail in error of a  judgement for damage in the c b must be to show cause why the plaintiff shall  not have execution of the debt aforesaid and not damage to know facias against  bail upon a writ of error of a judgement in the common plea for certain damage  set forth that a recover against b certain damage and that the defendant bind  himself in a recognizance in to be levy upon his land and chattel in case the  plaintiff in error do not prosecute his writ of error with effect then the to  know facias command the sheriff to give notice to the defendant the bail to  show cause why the plaintiff shall not have execution of the damage aforesaid  accord to the form of the recognizance aforesaid the defendant demurrer and  show for special cause that the word damage aforesaid be wrong and that it  ought to be debt aforesaid the plaintiff join in demurrer Wilson king bench  ford for the defendant insist that a to know facias be a new action and in the  nature of a declaration I Inst b and that if a action have be bring upon the  recognizance it must have be debt and here the demand be not of damage and  cost in the original action but of the specific sum of enter into by the  recognizance and so pray judgement that the to know facias may be quash Luke  Robinson for the plaintiff insist it be well enough for the to know facias be  for the defendant to show cause why the plaintiff shall not have execution of  the damage aforesaid accord to the form of the recognizance aforesaid and the  word damage may be consider only surplusage but per curian this be upon a  special demurrer and the particular defect in the writ be point out which the  plaintiff may have amend it ought to have be to show cause why the plaintiff  shall not have execution of the say debt of accord to the form of the  recognizance aforesaid and no case have be cite to show that wherever a defect  have be point out by a demurrer that the court have consider such fault a  surplusage and they say they think it be not surplusage judgement that the  writ be quash