McGinnis v. Vernon
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Fayette county: No. 206 to October and November Term 1870. The proceedings in this case commenced before John Holmes, Esq., a justice of the peace, by Johnson McGinnis against Andrew J. Vernon. They were designed to be under the Landlord and Tenant Act of December 14th 1863, to recover possession of leased premises.
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Error to the Court of Common Pleas of Fayette county: No. 206 to October and November Term 1870. The proceedings in this case commenced before John Holmes, Esq., a justice of the peace, by Johnson McGinnis against Andrew J. Vernon. They were designed to be under the Landlord and Tenant Act of December 14th 1863, to recover possession of leased premises. The justice having given judgment for the plaintiff, the proceedings were removed by certiorari into the Court of Common Pleas, at the instance of the defendant. The writ of certiorari was issued April 16th 1870. The record as returned was as…
1Opinion of the Court
The opinion of the court was delivered,
by Thompson, C. J.
The judgment of a justice of the peace or alderman in proceedings under the Landlord and Tenant Act of 1863 rests upon an inquest of facts to be found by him: Bedford v. Kelly, 11 P. F. Smith 491; and these must be set forth on his docket, or by a reference therein to the complaint, in order to sustain the judgment if given for the landlord. The demise, the term, that it is fully ended, and that the required notice of the landlord’s desire to have and repossess the demised premises, must appear by the record to be found by the…
2Cited by5 opinions
- Commonwealth v. Antone, Pennsylvania Court of Common Pleas, Philadelphia County1903
- Commonwealth v. Banovich, Pennsylvania Court of Common Pleas, Somerset County1971
- Downer v. Campbell, Pennsylvania Court of Common Pleas, Washington County1934
- Emlenton Water Co. v. Kelly, Pennsylvania Court of Common Pleas, Venango County1927
- Koontz v. Baker, Pennsylvania Court of Common Pleas, Adams County1943