case Dobbs against passer the court will set aside a judgement though regular  in ejectment in order to try the merit SC stram SC bar declaration in  ejectment be deliver the three of January and judgement sign for want of the  defendant appearance on the sixteenth of February on the twentyfifth of  February the landlord have notice of the judgement on the twentyeighth Mr  justice lee be apply to that upon payment of modern the cost the judgement may  be set aside and the defendant let in to try the merit at the next assize  which be the six of march in Essex Mr justice lee make a order to that purpose  which be not comply with upon show cause by the plaintiff why the judgement  shall not be set aside it be admit to be the practice of the court in all case  except ejectment that where a judgement have be obtain though strict regular  yet if there can be a trial bad without any prejudice to the plaintiff as  where no loss of time c the court will set aside the judgement and order the  merit to be try but that in ejectment that be never do the right not be  determine in ejectment the possession only change and the party be at liberty  to bring a new ejectment whenever be please Mr strange contra though the court  of common plea always exercise the power of set aside judgement under the  circumstance of this case yet this court will not former do it without consent  on both side but in the case of the king v glass Hilary term Geo a this court  come into the same practice with the other court and that have be pursue ever  since here former likewise it be a answer to a motion for a new trial to say  it be in ejectment which be not conclusive but of late no regard be bad to  that answer the change of possession be a thing of very great consequence it  be often difficult for a person though real entitle to a estate to make out  his right and so may fail whereas he will be under no such hardship if he be  defendant as the plaintiff in ejectment must recover by the strength of his  own title the court be clear of that opinion upon conference with the judge of  the court of common plea and say there be no distinction make in the court  between ejectment and other action the rule be make absolute see do on the  demise oh Troughton v roe burr b modern er p