Legal Opinion

Neumoyer v. Andreas

Supreme Court of Pennsylvania

Decided March 27, 1868PublishedCited by 6 opinions

Error to the Court of Common Pleas of Lehigh county: No. 148, to January Term 1868. This case came into the Court of Common Pleas by appeal (so called) from the proceedings before two justices of the peace, under the Act of March 21st 1772 (1 Sm. L. 873, Purd. 613), commenced by Gideon Andreas against George Neumoyer and Conrad Seem.

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Error to the Court of Common Pleas of Lehigh county: No. 148, to January Term 1868. This case came into the Court of Common Pleas by appeal (so called) from the proceedings before two justices of the peace, under the Act of March 21st 1772 (1 Sm. L. 873, Purd. 613), commenced by Gideon Andreas against George Neumoyer and Conrad Seem. On the 23d of February 1864, the plaintiff made' complaint before two justices of the peace, that being seised and possessed of a messuage and tract of land, &c., containing 17 acres, on the 25th of December 1853, he leased them to the defendants by parol for ten…

1Opinion of the Court

The opinion of the court was delivered, by

Agnew, J.

It is necessary to lay out of the cause several of *449the questions presented, by stating the true position of the case before us. This is not an appeal from the decision of the justices and jury in the landlord and tenant proceeding before them under the Act of 21st March 1772. That act gives no appeal. It came into the Court of Common Pleas upon a recognisance taken before the justices under the 13th section of the act, which remitted the tenants to that court to prosecute their claim of title acquired after the commencement of the lease and…

2Cases cited3 opinions

  1. Newell v. GibbsSupreme Court of Pennsylvania · 1841
  2. Watson v. O'HernSupreme Court of Pennsylvania · 1837
  3. Lehigh Co. v. FieldSupreme Court of Pennsylvania · 1844

3Cited by6 opinions

  1. Hummel v. McFaddenSupreme Court of Pennsylvania · 1959
  2. Cole v. Ellwood Power Co.Supreme Court of Pennsylvania · 1907
  3. St. Louis Union Trust Co. v. LittleSupreme Court of Missouri · 1928
  4. Mahan v. ClarkSupreme Court of Pennsylvania · 1908
  5. Girard Trust Co. v. Delaware & Hudson Co.Supreme Court of Pennsylvania · 1914

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