Gallagher v. MacLean
Supreme Court of Pennsylvania
Appeal, No. 215, Jan. T., 1898, by defendants, from judgment of Superior Court, Oct. T., 1897, No. 57, affirming judgment of C. P. No. 2, Phila. Co., Dec. T., 1896, No. 10, dismissing exceptions to judgment of a magistrate. Appeal from Superior Court. It appears from the report of the case in 7 Pa.
Read the full summary
Appeal, No. 215, Jan. T., 1898, by defendants, from judgment of Superior Court, Oct. T., 1897, No. 57, affirming judgment of C. P. No. 2, Phila. Co., Dec. T., 1896, No. 10, dismissing exceptions to judgment of a magistrate. Appeal from Superior Court. It appears from the report of the case in 7 Pa. Superior Ct. 408, that on September 30,1896, the plaintiff caused to be issued by magistrate Cunningham a summons under the act of March 21, .1772, returnable October 6, 1896, for the recovery of certain premises occupied by the defendants. On the return day defendants’ counsel moved to quash the…
1Opinion of the Court
Opinion by
Mr. Justice McCollum,
This was a proceeding instituted for the removal of tenants at the expiration of the term of their lease. It was brought and prosecuted in the city of Philadelphia before a magistrate and a jury. It was contested on two grounds. The first and main contention in the court of common pleas and in the Superior Court was that the magistrate erred in entertaining jurisdiction of the case under the act of March 21, 1772, and the second was that the summons was made returnable more than four days after the issuance of it. On the removal of the case to the court of…
2Cited by5 opinions
- L. J. W. Realty Corp. v. PhiladelphiaSupreme Court of Pennsylvania · 1957
- Wilkes-Barre v. Pennsylvania Public Utility CommissionSuperior Court of Pennsylvania · 1948
- Inheritance Tax Penalties, Pennsylvania Department of Justice1937
- Lenet v. Weinster, Pennsylvania Court of Common Pleas, Philadelphia County1955
- Young v. Fetterolf, Pennsylvania Court of Common Pleas, Huntingdon County1934