2 Miles 277
Pennsylvania Court of Common Pleas, Philadelphia County
Decided December 22, 1838
Pennsylvania Court of Common Pleas, Philadelphia County · decided 1838-12-22
IN this case (S. ’38, 696,) the plaintiff had filed a copy of his book entries, and on the third Saturday after the return day, took judgment for want of an affidavit of defence.
Decided 1838-12-22
¶1the defendant had complied with the requisitions of the act of Congress, we should entertain this application favourably. But he has not complied in two particulars. The petition is not signed by him, nor “ at the time of entering his appearance,” did he offer the surety required by the act. See 2 Troubat and Haly 533.
¶2Rule discharged.