Nehr v. Krewzberg
Supreme Court of Pennsylvania
Appeal No. 262, Jan. T., 1897, by plaintiff, from order of C. P. No. 1, Phila. Co., March T., 1897, No. 1238, making absolute a rule to open judgment. Rule to open judgment entered under ejectment clause in a lease. Before Craig Biddle, P. J., and Brjégy, J. The facts appear by the opinion of the Supreme Court. Error assigned was the order of the court.
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Appeal No. 262, Jan. T., 1897, by plaintiff, from order of C. P. No. 1, Phila. Co., March T., 1897, No. 1238, making absolute a rule to open judgment. Rule to open judgment entered under ejectment clause in a lease. Before Craig Biddle, P. J., and Brjégy, J. The facts appear by the opinion of the Supreme Court. Error assigned was the order of the court. A person not a party to a suit maj^ make no motion therein, except to be made a party: Hawes’s Parties & Action, sec. 8; Mitchell on Motions and Rules, 11; Linn v. Wheeler, 21 N. J. Eq. 231; Esterbrook v. Ahern, 31 N. J. Eq. 3; Trammel v.…
1Opinion of the Court
Opinion by
Mr. Justice Dean,
On November 7, 1896, Nehr, by writing, let to Krewzberg, from month to month, at the rental per month of $8.00, payable in advance, a dwelling house, 2231 on Clarence street, Philadelphia. Krewzberg covenanted that he would not assign *55the lease or underlet the premises without the written consent of Nehr. To this was appended a power of attorney to confess judgment in ejectment against the lessee and in favor of lessor, on any breach of covenant by lessee, with right to lessor on proper writ to resume possession. Krewzberg paid the monthly rental promptly until…
2Cases cited2 opinions
- Krepps v. MitchellSupreme Court of Pennsylvania · 1893
- Kelly v. NorthropSupreme Court of Pennsylvania · 1894