Barns v. Wilson
Supreme Court of Pennsylvania
No. 270 January Term 1886, Sup. Ct. The suit in the court below was an action by Walter G. Wilson against Charles K. Barns for a quarter’s rent of premises in Philadelphia. The landlord, plaintiff, filed a copy •of his lease with his claim. The tenant, defendant, filed an affidavit of defence in which he averred: The premises demised were a dwelling-house in the city, and the lot on which it stood.
Read the full summary
No. 270 January Term 1886, Sup. Ct. The suit in the court below was an action by Walter G. Wilson against Charles K. Barns for a quarter’s rent of premises in Philadelphia. The landlord, plaintiff, filed a copy •of his lease with his claim. The tenant, defendant, filed an affidavit of defence in which he averred: The premises demised were a dwelling-house in the city, and the lot on which it stood. On the 14th April, 1885, during the quarter for which rent is demanded by the suit, and before the rent sued for accrued, the defendant was evicted from the premises, and did actually remove…
1Opinion of the Court
Opinion,
Mr. Justice Clark :
The plaintiff in this case sued for a quarter’s rent accrued upon a written lease of a dwelling-house, the east wall of which was a party wall. The defendant in his affidavit set up for defence that before the rent became due the party wall was condemned under the Act of 20th May, 1857, as insufficient for the support of a building proposed to be erected by the owner of the adjoining lot; that the adjoining owner, under the authority of law, removed the wall and proceeded to the erection of a new one, and that the effect of this was to render the demised premises…
2Cases cited1 opinion
- Frost v. EarnestSupreme Court of Pennsylvania · 1839
3Cited by8 opinions
- Jackman v. Rosenbaum Co.Supreme Court of Pennsylvania · 1919
- Levine v. McClenathanSupreme Court of Pennsylvania · 1914
- Strong v. BrintonSuperior Court of Pennsylvania · 1916
- Holden v. TidwellSupreme Court of Oklahoma · 1913
- Trimmer v. BerkheimerSuperior Court of Pennsylvania · 1915
3 more not listed; retrieve them via the Exa API.