Cooper v. Restenbalt

By the Court.

The record in this case presents the following state of facts: A suit was brought to November Term, 1854. A narr and copy of the claim were filed. By the 52drule of this court an affidavit of defence must be filed within thirty days after *464the return day, in which affidavit the nature and character of the defence must be set forth. A few days before the time had arrived when judgment would have been entered, the defendant by his counsel took out a rule of reference, and notified the prothonotary not to enter judgment for want of an affidavit of defence. On the same day that this…