
    JULY TERM, 1716.
    Macnemara vs. Brannock.
    Standee. Justification pleaded. General replication and issue joined. Verdict, (April term 1714,) for the plaintiff. Writ of inquiry of damages issued to July 1714, and returned with inquisition, assessing damages to the plaintiff to 201. 5s. Od, sterling.
    
      Bordley, for defendant,
    moved in arrest of judgment, and assigned as reasons—
    1. That no damages were inquired by the jury which tried the issue.
    2. That it did not appear that the cause was cogniza - ble by the court.
    3. That the writ of inquiry was void.
    He cited Trials per Pais, 259, 260, 264. Hob. 9.
    
      Bulany, for the plaintiff,
    cited 3 Lev. 324» Í 8yd. 36, 87. 1 Inst, o, 8,c. 409. li Co. 5, Hey don's case. 3 S', H. VIII. c. SO. 2Keeb.409, 431. 8yd. 380,pi. 12. Cro. Car. 143. 2 Roll's Mr. 722.
   The court awarded a venire de novo.  