
    Sarah Hewlings against Thomas Hurst.
    jn DOWER.
    A WRIT in dower was issued returnable to May 1817. From the return of the sheriff, accompanied by an affidavit, it appeared; that he had executed the writ, leaving a copy thereof with the wife of the tenant in possession of the premises ; that he had fastened a copy of the writ, upon the door of the house; and that the defendant, Thomas Hurst, lived out of the state of New-Jersey, in the city of Philadelphia.
    
    Service of wheredefend-’ 
    
    It was objected, that there had been no service on the defendant; no summoners were named by the sheriff; no notice to sheriff that this was the property in dispute; that the writ had not been served fifteen days, nor was it made returnable the first day of the term.
    
      Kinsey for plaintiff. Goxe for defendant.
    
      
       Nix. Dig. 750, § 229. Anonymous, Spen. 494. Anonymous, 1 llar. 494. Harwood vs. Smethurst, 1 Vr. 230. Derrickson vs. White, 3 Vr. 137.
      
    
   By the Court.

Such of the objections as apply to the service of a writ of dower, are applicable to cases where the defendant resides within the jurisdiction of the court But here he is out of that jurisdiction; the process cannot be served personally upon him. But he must have notice; therefore let a rule be entered, *that the said Thomas Hurst, do receive a declaration in this action, and plead therein within thirty days, after a service upon him, of a copy of this rule; or, that judgment for the demandant, be entered against him.

At September term, on motion of Kinsey for demandant, the following rule was entered. It appearing by affidavits, that a copy of the rule taken by the demandant, in this cause, at the last term, and also a copy of the declaration of the demandant, were duly served upon the defendant, Thomas Hurst, on the twenty-sixth day of July last: it is ordered, that the defendant plead sitting the present term, or that judgment be entered for the demandant.” No plea having been filed, judgment, wad accordingly entered.  