3 Pen. & W. 70
Decided September 15, 1831
Supreme Court of Pennsylvania · decided 1831-09-15
Richard E. Bowman brought this action of ejectment against Geo. Tracy, for a house and lot oí ground, with the premises, situate in Smithiield, George township, and occupied by said Traer as a public house, containing forty four perches of ground, number-11 in the plan of. said town, adjoining lots of-.” The writ-contained the same description. The suit was brought to October term, 1823.
Cited by 1 later decisions — most recently November 1856
Good law ✅— No negative treatment on recordhow we know
Decided 1831-09-15
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¶1It 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.
¶2Judgment reversed