
    MOODY v. M’DERMOTT.
    May 29, 1835.
    
      Motion for judgment for leant of an affidavit of defence.
    
    A scire facias post annum el diem to revive judgment, is within the act of the 28th of March 1835, entitling the plaintiff to judgment for want of an affidavit of defence.
    THIS was a scire facias post annum et diem to revive judgment. Plaintiff had filed a copy of the record under the act of the 28th of March 1835; and on the third Saturday after the return day,
    
      J. M. Read, for plaintiff,
    had moved for a judgment for want of an affidavit of defence.
   The Court

having a doubt whether the case was within the act of 1835, took time to consider, but. on this da}’ granted the motion, and directed the entry of

Judgment.  