Harwood v. Bruhn Et Ux

Opinion by

Mr. Justice Simpson,

As authorized by section 28 of the Act of February 24, 1806, 4 Sm. Laws 270, 278, the prothonotary of the court below, on the application of plaintiff, and without the filing of an averment of default, entered judgment against defendants for the amount specified in a bond and warrant of attorney executed by them and belonging to plaintiff. Claiming that the warrant gave no authority for the entry of a judgment unless there was a default on defendants’ part at the time of its entry, and moreover that the fact of default must be averred of record at that time,…