Davis v. Davis
Supreme Court of Pennsylvania
. Error to the Court of Common Pleas No 3 of Philadelphia Gounty: Of January Term, 1887, No. 47. ;. This was a proceeding by Joseph Davis .against Henry K. Davis before magistrate James F. Neallof the 2Qth District to recover possession.of certain.demised premises. ..; The magistrate gave judgment in favor of the plaintiff, whereupon, the defendant took a writ of certiorari to said court. The following was the record inter alia as sentup.
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. Error to the Court of Common Pleas No 3 of Philadelphia Gounty: Of January Term, 1887, No. 47. ;. This was a proceeding by Joseph Davis .against Henry K. Davis before magistrate James F. Neallof the 2Qth District to recover possession.of certain.demised premises. ..; The magistrate gave judgment in favor of the plaintiff, whereupon, the defendant took a writ of certiorari to said court. The following was the record inter alia as sentup. On the 15th day of April, A. D. 1886, at 10 o’clock in the forenoon, at the said court, in the said city, plaintiff and defendant appear, defendant…
1Opinion of the CourtJustice Sterrett
As was well said in Graver v. Fehr, 89 Pa., 460, the summary remedy given by the Landlord arid Tenant Act of 1863 and its supplements, though convenient and necessary in proper cases, is in derogation of the common law, and hence “the necessary jurisdiction must appear affirmatively on the facé of the record or the proceeding is non eoram judice and utterly Void.” To the same'effect is Givens v. Miller, 62 Pa., 133, in which it was previously held that jurisdiction under the Act being special, the record of the magistrate must contain every essential to support the judgment, and nothing that…
2Cases cited3 opinions
- Graver v. FehrSupreme Court of Pennsylvania · 1879
- Givens v. MillerSupreme Court of Pennsylvania · 1869
- McGee v. FesslerSupreme Court of Pennsylvania · 1845
3Cited by16 opinions
- Kaufmann v. LiggettSupreme Court of Pennsylvania · 1904
- Bluestone v. DeroySupreme Court of Pennsylvania · 1929
- Mikulski v. ZiolkowskiSuperior Court of Pennsylvania · 1919
- Hickey v. ConleySuperior Court of Pennsylvania · 1904
- Anderson v. McHenrySuperior Court of Pennsylvania · 1927
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