Roberts v. Stuart
Superior Court of Pennsylvania
Appeal, No. 138, Oct. T., 1912, by defendant, from order of C. P. No. 2, Phila. Co.? March T., 1912, No. 4,682, discharging rule to open judgment in case of John Roberts v. Robert O. P. Stuart. Motion to quash appeal. Error assigned was the order of the court discharging rule to open judgment.
1Opinion of the Court
Opinion by
Porter, J.,
The defendant appeals from the order of the court of common pleas discharging his rule to show cause why judgment entered in an amicable action of ejectment, under a warrant in a lease, should not be opened. The plaintiff moves to quash the appeal upon the ground that the defendant had by the covenants of the lease waived the right to have any judgment entered under the warrant of attorney reviewed by an appellate court. The lease containing the warrant provided that upon default in the payment of rent, or if the lessee should underlet or otherwise use the premises than…
2Cases cited2 opinions
- Seagrave v. LacySuperior Court of Pennsylvania · 1905
- Watson v. WetterSupreme Court of Pennsylvania · 1879
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