Opinion
(1793.)
The original was in Devon, and the declaration in Exon, which is another county; it is error.
C. J. 14 Jac. rot., 340. Pollard and White's case was adjudged accordingly.
It is a fault in the original.
JONES and DODERIDGE, JJ., e contra. Here by the custos brevium it is certified that the declaration is on the writ. We cannot give judgment otherwise, for it does not appear to us. If it be certified, he may have an action on the case against the custos brevium. Antea, p. 712; postea, p. 803; 2 Cr., 674; 3 Cr., 287; Palm., 428; 2 Cr., 479.