
    Price v. Carter’s lesee.
    
    An entry on the docket in these words: “Common rule, not guilty, and issue,” does not constitute an individual a defendant in ejectment, though he be notified by the casual ejector.
    To constitute one a defendant in ejectment, it must appear of record that he entered into the consent rule, and gave security for the costs, and pleaded not guilty. •
    The record does not show that ever Price (though he was notified by the casual ejector) entered into the consent rule, gave security for the costs, or pleaded a plea, other than an entry on the docket in these words: “common rule, not guilty and issue.” Under the charge of the judge, a verdict was had for the plaintiff, and a new trial refused. The defendant appealed in error to this court.
    
      W. Jl. Wade, for the defendant in error.
    1. In this case, the defendant below did not enter formally of record his appearance, by his entering into the common rule and plea, but at the trial the following entry was made in brief on the docket: “Common rule, not guilty and issue.”
    Must the judgment below be reversed for want of a proper plea,'or will'the pleadings in brief be sufficient? This is the preliminary question to be decided by the court, before the merits of the cause will be examined. By the act of 1801, ch. 11, (1 Haywood and Cobbs, 79,) before a person is permitted td defend, he is compelled to enter into the common rule and give security for costs, and it is believed that the practice of entering his appearance of record, grew out of the necessity he was under of giving security for costs, as there is-nothing in the statute which directs his entry into the common rule to he entered on the records of the court. The entry on the docket was clearly good, unless there be something in the action of ejectment varying it fi’om other actions, and requiring the plea to be filed as of record. It is the constant practice to ■plead the general issue in brief on the docket, as in debt, payment, &c. and if an appeal is taken, the plea is copied into the record as if filed on a separate piece of paper. In this case he enters into the common rule in brief, pleads not guilty, and issue is taken. It is like the case in 4 Haywood, where, the writ was not served, and an entry was made on the docket, “issue an alias.” It was determined that this was an entry of record, and was sufficient.
    2. By our act of 1809, ch. 126, sec. 10, it is provided “that no judgment, decision or decree of the circuit court shall be reversed in the supreme court, unless for errors which affect the merits of the judgment, decision or decree complained of.” By our act of 1811, ch. 72, sec. 2, it is provided, that no writ of error or proceeding in the supreme court shall be quashed or dismissed for any defect, omission or imperfection, but said court shall allow either of the parties to amend the same as other amendments are allowed in the other courts of this State. 1 Haywood and Cobbs, 148. There is no error affecting the merits of the cause, for Price was in the court and had a fair trial. If there was a defect, omission or-imperfection in making up the pleadings, this court is directed to allow an amendment.
   Cateon, Ch. J.,

delivered the opinion of the court.

The cause was tried and a verdict rendered against the defendant, Price, who appealed in error to this court, There is nothing in the record to show that Price was ever made a defendant. All defendants in ejectment are ma<^e s0 ^y a ru^e °f court, and permitted to defend upon the conditions set forth in the consent rule, to wit, that the defendant will confess lease, entry and ouster, plead not guilty, and on the trial will rely on the title only. Both by the English practice and ours, by virtue of the statute of 1801, ch. 11, sec. 5, the defendant must enter into the common rule as a condition to be permitted to defend, and by our statute is compelled to give security for costs. No common rule was' entered into in this cause, security given, or. plea pleaded. 'There was no issue to try. The judgment will be therefore reversed, and the cause remanded to be proceeded in.

Judgment reversed.  