Sacket v. Lothrop

The tenant, if he would put the demandant out of court, should have entered a ne recipiatur on the quarto die post; not having done so here, it must be considered a waiver. By the rule entered, that the sheriff return the writ sedetite curia, the demandant was to be deemed continued in court from, day to day during the term. Vide Boothe, 92.

So let the tenant be called.