Holly v. Travis
Superior Court of Pennsylvania
Appeal, No. 24, March T., 1919, by defendant, from order of C. P. Lackawanna Co., June T., 1918, No. 181, confirming judgment of justice of the peace in case of Mrs. S. M. Holly, otherwise known as Lottie Holly, v. Wallie Travis. Certiorari to justice of the peace. Newcomb, J., in affirming the judgment of the justice of the peace, filed the following opinion: The case is a proceeding by a landlord to dispossess her tenant upon the expiration of his term.
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Appeal, No. 24, March T., 1919, by defendant, from order of C. P. Lackawanna Co., June T., 1918, No. 181, confirming judgment of justice of the peace in case of Mrs. S. M. Holly, otherwise known as Lottie Holly, v. Wallie Travis. Certiorari to justice of the peace. Newcomb, J., in affirming the judgment of the justice of the peace, filed the following opinion: The case is a proceeding by a landlord to dispossess her tenant upon the expiration of his term. She recovered judgment against the defendant in default of appearance on his part. The validity of the judgment is attacked for two…
1Opinion of the Court
Opinion by
Keller, J.,
The sole question raised by this appeal is, whether the return of a constable, showing legal service on the defendant within the county, may, on certiorari from the court of common pleas, be shown by depositions to have been made without the county, and, therefore, invalid, the defendant not having appeared at the hearing. The learned judge of the court below was of opinion that the constable’s return of service could not be impeached by proof aliunde, and accordingly dismissed the exceptions filed to the proceedings of the justice.
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2Cases cited9 opinions
- Park Brothers & Co. v. Oil City Boiler WorksSupreme Court of Pennsylvania · 1903
- Warder v. TainterSupreme Court of Pennsylvania · 1835
- Lacock v. WhiteSupreme Court of Pennsylvania · 1852
- Road Commissioners v. FickingerSupreme Court of Pennsylvania · 1865
- Keystone Telephone Co. v. DiggsSuperior Court of Pennsylvania · 1918
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3Cited by10 opinions
- White v. Rosenbaum Co.Superior Court of Pennsylvania · 1919
- Widener v. SchwartzSuperior Court of Pennsylvania · 1920
- Parks v. McDevittSuperior Court of Pennsylvania · 1943
- Altenberg v. Shreve Chair & Lumber Co., Pennsylvania Court of Common Pleas, Crawford County1921
- Bell AppealSupreme Court of Pennsylvania · 1959
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