Rubinsky v. Kosh, Guardian

Opinion by

Mr. Justice Simpson,

In this action of ejectment, plaintiff filed a statement of claim and abstract of title; defendants, a plea, answer and counter-abstract; the former entered a rule to show cause why, on the pleadings,-he should' not have judgment in his favor, and the court below made this rule absolute. At the same term,’ however, it struck off that judgment, on motion of defendants, because not “based on the opinion or action of the court on the pleadings, but on an alleged default of the defendants in failing to file an answer to the rule [to show cause] which called for…