Marsteller v. Marsteller
Supreme Court of Pennsylvania
APPEAL BY DEFENDANT FROM THE COURT OF COMMON PLEAS OF LEHIGH COUNTY. No. 173 January Term 1890, Sup. Ct.; court below, No. 77 September Term 1889, C. P. On September 2, 1889, Joseph Marsteller entered bis appeal from the judgment of George Fry, a justice of the peace, in a landlord and tenant proceeding under tbe act of April 3, 1830, P. L. 187, brought before said justice on August 3, 1889, by J. Milton Marsteller, executor of Anna M. Marsteller, deceased, against said…
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APPEAL BY DEFENDANT FROM THE COURT OF COMMON PLEAS OF LEHIGH COUNTY. No. 173 January Term 1890, Sup. Ct.; court below, No. 77 September Term 1889, C. P. On September 2, 1889, Joseph Marsteller entered bis appeal from the judgment of George Fry, a justice of the peace, in a landlord and tenant proceeding under tbe act of April 3, 1830, P. L. 187, brought before said justice on August 3, 1889, by J. Milton Marsteller, executor of Anna M. Marsteller, deceased, against said Joseph Marsteller. Issue. At the trial on December 4, 1889, tbe plaintiff showed that by deed dated October 19, 1869, tbe…
1Opinion of the Court
Opinion,
Mr. Justice Sterrett :
It appears by the charge of the court and the evidence that in June, 1889, a proceeding against the defendant below under the landlord and tenant act of April 3,1830, commenced before Isaac A. Ease, Esq., a justice of the peace, etc., was so proceeded in, that after a full hearing the justice found “ that no demise was made, the relation of landlord and tenant not established,” and on July 3, 1889, gave judgment in favor of the defendant and against the plaintiff, and thereupon dismissed the complaint, “ with costs to be paid by the plaintiff; ” that within a…
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