Koontz v. Baker

Sheely, P. J.,

Plaintiff has moved to quash the writ of certiorari issued in the above case because of the failure of defendant to file a recognizance. The proceeding to be certified to the court was a landlord and tenant case under the Act of December 14, 1863, P. L. (1864) 1125, 68 PS §364. That act, in addition to providing for an appeal from the judgment of the justice of the peace, also provides that the tenant may have a writ of certiorari to remove the proceedings of the justice “as in other cases”. In Ristau et ux. v. Crew Levick Co., 109 Pa. Superior Ct. 357, 364 (1933), it was…