Rose v. Barr

By the Court,

Smith, J.

The rendition and entry of judgment in this case are clearly irregular. The cause was not at issue so as to fall under Eule 16 of the Circuit Court, in relation to the taking of inquests at the circuit, and hence the notice of trial and inquest, served April 17, 1852, is not applicable to -a proceeding of this kind. Eule 16 provides that “Inquests in causes where there are issues in fact, may be taken at the Circuit Courts out of their order on the calendar at the opening of the court, on any day after the first day of the circuit, or at such time as shall be prescribed…