
    WELLER against PARKE.
    CERTIORARI.
    Judgment on forcible entry, is of restitution, not of guilt.
    
    The action below was a forcible entry and detainer. The cause was tried before the justice, and verdict for plaintiff; after entering which, the justice makes the following entry in his docket: — Whereupon I recorded the verdict of the jury, and gave judgment that Philip Weller, the defendant, is guilty of forcible entering and detaining the possession of the premises contained [489] and described in the complaint of the plaintiff; and that the plaintiff recover of Philip Weller, the defendant, the sum of $14.24 cents of costs, and that the same be trebled at $42.72.
    
      
      
         S. P. post, 688; South. 818.
      
    
   By the Court.

The judgment that the justice is to render, is not that the defendant is guilty. This is found by the jury; but he is to render judgment that the plaintiff be restored to the land which the defendant [f ] is found guilty of forcibly entering and detaining from him. There is no judgment of restitution; this is therefore error.

Judgment reversed.

Cited in Cowman v. Barber, 2 Penn. 661; Townley v. Rutan, Spen. 604 Approved in Kerr v. Phillips, 2 South. 818.  