Legal Opinion

Gavit v. Hall

Pennsylvania Court of Common Pleas, Philadelphia County

Decided May 11, 1874PublishedCited by 1 opinion

Certiorari to the common pleas of Philadelphia. This was an action brought under the act of assembly of March 21, 1772, to recover possession of premises No. 141:9 Race street, in the city of Philadelphia. The proceedings before Aldermen Beitler and Smith, and jury of inquest, were certioraried to the court of common jileas A number of exceptions were filed.

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Certiorari to the common pleas of Philadelphia. This was an action brought under the act of assembly of March 21, 1772, to recover possession of premises No. 141:9 Race street, in the city of Philadelphia. The proceedings before Aldermen Beitler and Smith, and jury of inquest, were certioraried to the court of common jileas A number of exceptions were filed. The oniy ones pressed at the argument, however, were: “1. The complaint was not made on due proof It is neither sworn to by Gavit nor by Blair. The affidavit to the complaint is signed ‘Nelson Gavit, per A. F. Blair, Agent.’ This is the…

1Opinion of the Court

Opinion delivered May 11, 1874, by

Mercur, J.

This was a proceeding before two aldermen to dispossess a tenant after the expiration of her term. The inquest found all the facts made necess'’ry by the act of assembly to require the possession of the demised premises to be given to the plaintiff. The record made by the aldermen is in accordance with the finding, and correct m form. Upon certiorari and exceptions filed, the common pleas reveised the judgment, but filed no opinion.

On the argument, two grounds were urged against the judgment of the aldermen, to wit : First, the insufficiency of't.he…

2Cases cited1 opinion

  1. Cunningham v. GardnerSupreme Court of Pennsylvania · 1842

3Cited by1 opinion

  1. Mercantile Bank v. CoxSupreme Judicial Court of Maine · 1854

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