Case LVI 38 Eliz 5 Co 85 B, Penryn Case Droit, Error, Bar, Gales, Grand Cape And Petit: 1220

A quod ei deforceat is brought in Wales, and prosecuted in the nature of a writ of right, according to the course there ; by force of the statute of l2 E 1 the tenant joins the mise upon the mere right, and afterwards makes default ; and without a petit cape awarded, judgment final is given against him ; the tenant brings a writ of right against the demandant, who had judgment ut supra and execution; he pleads the first judgment in bar : and judgment is given that it is it good bar ; the plaintiff, who was the tenant against whom the first judgment was given, brings a writ of error upon this last judgment ; and assigns for error, that a petit cape was not awarded before the first jitdgrnetit : non allocatur ; the first judgment was affirmed : for although it was erroneous, yet it is in force until it be reversed ; and this writ of error is not to reverse the first judgment, but the second judgment ; the second judgment was affirmed in error.
[1220] EngR 467, (1220-1623) Jenk 259, (1220) 145 ER 185 (A)

Updated: 13 March 2021; Ref: scu.461379