Supreme Court of Pennsylvania, 1831

Traer v. Bowman

Traer v. Bowman
Supreme Court of Pennsylvania · Decided September 15, 1831 · Action, Affidavit, Default, Ejectment, Founded, Made, Motion, Must, Service, Writ
3 Pen. & W. 70

Traer v. Bowman

Opinion of the Court

Per Curiam.

It is unnecessary to saly any thing about the description, as the judgment is clearly irregular. The act of assembly-points out the method to b.e pursued in similar cases. The motion for judgment must be founded on an affidavit of service, and must *71be at the term when default is made. There was no affidavit here# and the judgment was had at an improper time; so that it is impossible to sustain it.

Judgment reversed

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