
    JAMES ANDERSON, pl'tff, vs. FRANCIS RAMSAY, def't.
    
    
      On a writ of error to reverse a judgment of the Garrard circuit court.
    
    Where the declarations is not filed before issuing the writ, ’tis error to take judgment by default at the first term.
    
      
      8 Oct. 1819.
    
   Judge Owsley

delivered the opinion of the court.

The declaration of Ramsay not having been filed before the emination of his writ, it was irregular at the first term to take judgment by default against Anderson.

Bibb for plaintiff.

The judgment must be reversed with cost, and the cause remanded for further proceedings. 
      
       Absent, Judge Rowan.
     