#### *Reynel vs. Kelly.

Mich. 3 Car.

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.

Jones, J. and Doderidge, J. 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. 116. Postea, p. 259. 2 Cr. 674. 3 Cr. 287. Palm. 428. 2 Cr. 479.

Whitlock, J.

It is a fault in the original,