Louderback

This is an appeal from an order granting a new trial in an action brought under the statute concerning forcible entry and unlawful detainer. It is impossible to determine from the record whether a new trial ought to have been granted or not. The judge by whom the cause was tried died before the statement on the motion for a new trial was settled, and, the attorneys being unable to agree, his successor was compelled to decide between them without any knowledge of the facts. This circumstance seems to have had some influence with him in granting the new trial.

The principal question argued in this court is as to the admissibility of evidence of a certain writ of habere facias possessionem under which the defendant’s landlord was put in possession of the premises in controversy, and under which the plaintiffs were dispossessed. This writ was admitted in evidence on the part of the defendant under the exception of the plaintiffs. The record does not disclose facts sufficient to enable us to determine whether the writ was properly admitted. When the action in which the writ was issued was commenced does not appear; nor does it appear whether a notice of lis pendens was filed; nor…