Kearney v. Gough ( 1833 )

Buchanan, Ch. J.,

delivered the opinion of the court.

We concur in opinion with the court below, on the first exception.

The decision is in conformity with the settled practice throughout the State, giving to the plaintiff on the record, the opening and conclusion, except in cases of avowry for rent in arrear; in relation to which the practice is not uniform. But we dissent on the second exception.

THE JUDGMENT IS THEREFORE REVERSED AND PROCE-DENDO AWARDED.