Ser v. Bobst

This was an action of forcible entry and detainer, brought by .Henry Bobst before a justice of the peace of Montgomery county. Judgment by default was given before the justice, against the defendant, Adam Ser. To reverse this judgment, this appeal is taken.

When the cause came into the Circuit Court, on the appeal, the plaintiff, Bobst, moved to dismiss it, because the judgment of the justice was by default, and no motion was made by the appellant to set the same aside before the appeal was taken.

The 11th section of the act of 28th of January, 1839, p. 47, gives to the party aggrieved by the…