Clayton's Lessee versus Alshouse

Clayton’s Lessee versus Alshouse. THIS cause was carried down for trial, at the last Nisi Prius in Northumberland County ; but the defendant refusing to confess lease, entry, and ousler, the plaintiff was non-suited. Wilcocks now moved to set aside the non-suit, and to permit the cause to be tried, on an affidavit of Evan Owen, in which it was set forth, that the deponent was, in fact, landlord of the premises in dispute, and conducted the defence ; that he had no notice of the trial; that he had been obliged to attend the argument of another cause at Philadelphia, about the same time ; and that he did not previously know of the holding of a Court of Nisi Prius in Northumberland. But, [MAJORITY — By the Court:] By the Court: —Notice of trial was given to the defendant in the cause ; and the non-suit has been regularly entered. It was not necessary to give notice to Evan Owen : For, wherever a landlord means to take defence, he ought to make himself a party on the record.—Notice of trial was given to the defendant in the cause ; and the non-suit has been regularly entered. It was not necessary to give notice to Evan Owen : For, wherever a landlord means to take defence, he ought to make himself a party on the record. The rule refused.