Huidekoper v. Burrus

U.S. District Court

Decided April 15, 1805

U.S. District Court · decided 1805-04-15

admitted; that, in the declaration against the casual ejector, there exists the mistake alleged; but, a new declaration was filed in the present circuit court, and properly entitled: to which declaration the defendant pleaded, that the land, in this declaration, is stated to lie in the district of Pennsylvania; which, after the repeal of the former circuit court law, was sufficient. Rule discharged.

Decided 1805-04-15

¶1This was a motion in arrest of judgment [in the- case of Huidekoper v. Burrus, Case No. 6,848], because the action is brought, as of April sessions, 1802, in the circuit court of the United States, in and for the Eastern district of Pennsylvania; whereas no such sessions was ever held or established by law. 2d. The land is not stated to be in the Eastern district of Pennsylvania, though the action is.brought in and for the Eastern district. 3d. No title in the plaintiff at the time of the entry and ouster, stated in the declaration.