
    
      Sliger &c. vs. Grants.
    
    Ejectment.
    Case 92.
    Error to the Scott Circuit; Jesse Bledsoe, Judge
    
      Discontinuance. Notice to tenant in possession.
    
    In ejectment, the declaration must be filed and entered on the records of the court at the term the tenant .is warned to appear bn the case, is not in court.
    June 20.
    
      Robinson for plaintiff; Chambers for defendant.
   Judge Owsley

delivered the opinion of the court.

The declaration, and notice thereto attached, not having been noticed on the record at the term to which the tenants were warned to appear, though filed with the clerk of the court before the appearance term, it was erroneous at a subsequent term to proceed in the cause, and by common order, take judgment against the'casual ejector: 3 Mar. R. 551.

It is the opinion of a majority of the court, Judge Mills dissenting, that the judgment must be reversed, with cost.  