Stribling v. Prettyman

This was an action in ejectment, instituted by Prettyman against Casey, to recover the possession of certain premises. By agreement, the heirs of Jacob Haas were permitted to defend.

At the February term, 1865, of the circuit court, a trial was had before the court, without a jury, and there was a finding in favor of defendant in error.

At the February term, 1866, plaintiffs in error were, upon motion based on affidavit, allowed to come in and defend.

Defendant in error questions this action of the court below, and insists that, in addition to the affidavit, at least a prima fade case should…