Pennsylvania Court of Common Pleas, Philadelphia County February 24, 1838 (McClung v. Murphy)

*178The opinion of the court was delivered by

Pettit, President.—

The defendant’s counsel has contended,

1. That a judgment, for want of an affidavit of defence, is an interlocutory judgment, and does not entitle the plaintiff to execution, until assessment of damages,

2. That damages must be assessed against all the defendants.

3.