Legal Opinion

Wilke v. Campbell

Superior Court of Pennsylvania

Decided November 8, 1897No. Appeal, No. 145PublishedCited by 5 opinions

Appeal, No. 145, April T., 1897,-by plaintiff, from decree of C. P. Washington Co., Aug. T., 1896, No. 41, dismissing plaintiff’s exceptions to record of justice.

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Appeal, No. 145, April T., 1897,-by plaintiff, from decree of C. P. Washington Co., Aug. T., 1896, No. 41, dismissing plaintiff’s exceptions to record of justice. Certiorari from justice of the peace before whom proceedings were started for the possession of property under the landlord and tenant act of December 14, 1863. Before Taylor, J. The facts appear from the opinion and decree of the court below, which are as follows: In a proceeding by a landlord, before a justice of the peace, to regain possession of demised premises, when the term was fixed, ended on a day certain and has. expired,…

1Opinion of the Court

Per Curiam,

The justice having set forth in his record the material averments of the petition, his finding that they were sustained in all particulars was sufficient, without further repetition, to sustain the judgment, provided the petition itself contained all the essentials. The question then arises, whether the petition averred sufficient facts to take the place of an averment of three months’ previous notice to quit. This statutory notice being for the benefit of the tenant may be waived by him in his written lease; but when the fact is so it must appear of record. A waiver arises by…

2Cited by5 opinions

  1. Commonwealth v. Pennsylvania Milk Products Corp.Superior Court of Pennsylvania · 1940
  2. Commonwealth v. Banovich, Pennsylvania Court of Common Pleas, Somerset County1971
  3. Commonwealth v. MosierCrawford County Court of Quarter Sessions · 1960
  4. Commonwealth v. Seidel, Pennsylvania Court of Common Pleas, Lehigh County1963
  5. Galizia v. Tardino, Pennsylvania Court of Common Pleas, Bucks County1954

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