Gardiner v. Lessee of Murray
Supreme Court of Pennsylvania
Writ of error to the Common Pleas of Bedford county, returnable to September term 1807. It appeared by the record, that the ejectment was instituted to February 1806, and returned served; whereupon a rule was entered to plead in six weeks or judgment. The defendant in the record was Gardiner, and Mr. Hamilton’s name was entered in the margin, as his attorney, but his appearance was not entered at large,, nor any plea or entry into the common rule.
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Writ of error to the Common Pleas of Bedford county, returnable to September term 1807. It appeared by the record, that the ejectment was instituted to February 1806, and returned served; whereupon a rule was entered to plead in six weeks or judgment. The defendant in the record was Gardiner, and Mr. Hamilton’s name was entered in the margin, as his attorney, but his appearance was not entered at large,, nor any plea or entry into the common rule. In the same term the suit was removed by certiorari by the defendant into the Circuit Court. On the 20th May 1806, judgment was entered on the…
1Per curiam
If this be considered as a judgment by default, it ought regularly to have been entered against the .casual ejector, and not against the defendant in possession. If Mr. Hamilton , 1 *really appeared for the defendant, and the Court of Com-5 U mon pleas have adopted that opinion by their certificate of the record, he might have removed the cause; and if there was any thing improper or irregular in this removal, application should have been made to the Circuit Court for a procedendo. After the certiorari was read and allowed below, no further proceedings could be had in that court until the…
2Cited by2 opinions
- Cochran v. ParkerSupreme Court of Pennsylvania · 1821
- Shaw v. BoydSupreme Court of Pennsylvania · 1849