
    DUNLEVY v. ROSS.
    Sci. fa. — two nibils — appearance in court — order of revival.
    The statute provides that two nihils on scire facias to revive a judgment, shall be equal to a return of the writ served, and the party thenceforth considered in court.
    
    In such case after the second return, if the defendant do not answer, the order of revival will pass on his default-
    
      Scire eacias to revive a judgment. Two writs have been issued and returned nihil. The plaintiff moved for judgment, or a short rule for plea.
    
      Ordered, That the judgment be revived, and that the plaintiff have execution thereof.
   BY THE COURT.

The statute (29 O. L. 74) makes a return of two nihils in this class of cases equal to service; and provides that the defendant shall thereafter be considered in court, and be proceeded against accordingly. No formal or technical appearance is necessary, after the second nihil; the law holds the defendant in court, and if he do answer, or plead, he may be defaulted. The defendant was then called, and failed to answer.  