Testa v. Lally Et Ux.

Per Curiam,

Plaintiff entered a judgment in ejectment against defendants under the authority contained in a written lease. The court below refused to open or strike off the judgment, and defendants have appealed.

Appellants’ first contention is ruled by the recent decision of this Court in Harper et ux. v. Quinlan, 159 Pa. Superior Ct. 367, 371, 48 A. 2d 113, where we held that a lessor-plaintiff may pursue at the same time against the lessee, as remedies consistent both in purpose and in kind, a possessory action before a justice of the peace and a confession of judgment in ejectment under the…