Legal Opinion

Anonymous

Supreme Court of Pennsylvania

Decided September 15, 1800Published

Certiorari, to remove the proceedings in a case of forcible entry and detainer. Ingersoll urged the immediate hearing of the case, in order to avoid the inconvenience of a sentence of restitution, when great error existed on the record.

1Opinion of the Court

By the Court.

— It has often being decided, that a certiorari does not operate as a supersedeas, in a proceeding under the landlord and tenant act. 1 Dall. Laws, 611.(b) But it has never been so decided, in the case of a proceeding, under the statutes against forcible entry and detainer.

Stewart v. Martin, 1 Yeates 49.

2Cases cited1 opinion

  1. Stewart v. MartinSupreme Court of Pennsylvania · 1791