Grubb v. Fox
Supreme Court of Pennsylvania
IN ERROR. T-^" proceedings before a landlord and tenant’s court, the X plaintiff in error obtained possession of certain premises, of which the defendant was tenant. These proceedings were reversed in the Common Pleas of Northumberland on the 19th of January last, and on the same day, this writ of error was sued out, security entered, and notice immediately given to the opposite party.
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IN ERROR. T-^" proceedings before a landlord and tenant’s court, the X plaintiff in error obtained possession of certain premises, of which the defendant was tenant. These proceedings were reversed in the Common Pleas of Northumberland on the 19th of January last, and on the same day, this writ of error was sued out, security entered, and notice immediately given to the opposite party. On the same day also a writ of restitution and nf.fa. for costs were issued, under which the costs were levied, and possession restored to the tenant. now moved for á writ of restitution to reinstate Mr. Grubb…
1Opinion of the Court
Tilghman C. J.
delivered the judgment of the Court, Yeates J. declining to give any opinion on account of his connection with the plaintiff in error.
The usual effect of a certiorari, is to stay the proceedings of the inferior jurisdiction; such likewise is the usual effect of a writ of error. But it has been settled, that in cases between landlord and tenant the certiorari shall not stay proceedings, the act of assembly intending to give landlords a speedy remedy. In order to preserve uniformity of principle, and to do equal justice to landlord and tenant, the writ of error should have no…
2Cited by3 opinions
- Graver v. FehrSupreme Court of Pennsylvania · 1879
- DeCoursey v. Guarantee Trust & Safe Deposit Co.Supreme Court of Pennsylvania · 1876
- Koontz v. Baker, Pennsylvania Court of Common Pleas, Adams County1943