We consider the words, and issue, in this case to be a direction to the Prothonotary, to make a formal entry of the issue, and the omission to do so, no more than a clerical error,which may be amended.
Judgment affirmed.
Tuesday, September 11.
In Error.
In covenant if deft ndant pleads covenants performed, and entry is made on the docket and issue, it is to be con aid (.red as a diivction to the Piothonoiary to make h formal entry of tin- issue, and the omission to do so is merely a clerical error.
ERROR to the Court of Common Pleas of Westmoreland county.
Narr in covenant brought by Burkholder against Hanna. Defendant pleaded covenants performed, and the words “ and issue” wtre entered on the docket. The error now assigned was, that no issue was joined. The case was submitted to the Court without argument.
We consider the words, and issue, in this case to be a direction to the Prothonotary, to make a formal entry of the issue, and the omission to do so, no more than a clerical error,which may be amended.
Judgment affirmed.
7 Serg. & Rawle 228
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