National Union Building Ass'n v. Brewer

The appellant sued the appellee in assumpsit (as the statute permits) for rent accruing upon a lease under seal. The only dispute upon the facts is whether the relation of landlord and tenant had ceased, before the expiration of the term by efflux of time.

At the June term, 1890, the cause was tried ex parte and a judgment entered for the appellant. At the August term an order was entered that the defendant have leave to plead, judgment to stand as security, and the case submitted to the court for trial without a jury.

At the October term an order (probably intended to vacate only the…