
    Kelso vs. Connelly.
    
      December 9.
    If a writ is faed out before declaration filed, the plaintiff cannot take judgment by default at the return term.
   OPINION of the Court, by

Ch. J. Boyt.e.

In this . case it appears from the record that the writ was suedf out previous to filing; the declaration, and a judgment by-default, upon a writ of inquiry, was had at the term to which the writ was returnable.

This was clearly erroneous, the law not permitting the plaintiff in such case to demand atrial until the succeeding term. '

The judgment must be reversed with costs, and the cause remanded for a new trial to be had.  