General

The Commonwealth against Emery

2 Binn. 257·Supreme Court of Pennsylvania·1810·PA

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Opinion

The Commonwealth against Emery. Philadelphia, Tuesday, January 9. IN this case C. f. Ingersoll for the plaintiff, moved for a rule upon the defendant to plead instanter to a general assignment of errors. ■ Scirefacias ad fjff^/use The plaintiff in error proceeds by a rule on the defendant to Plea<i- . . ,, , , Lonely, as amicus cunee, suggested that as the defendant had not appeared, a scire facias ad audiendum errores was the proper course; and if the defendant did not then come in and plead, the plaintiff would be at liberty to go on ex parte. Ingersoll answered that the rule to plead took the place of a scire facias, which was not known in our practice.' [MAJORITY — Per Curiam.] Per Curiam. The scire facias is not in use. Take your rule to plead to-morrow morning at 10 o’clock, and serve it upon the defendant.