Legal Opinion

Keller v. Staley

Superior Court of Pennsylvania

Decided July 14, 1921No. Appeal, No. 108PublishedCited by 2 opinions

Appeal, No. 108, April T., 1921, by defendants, from judgment of C. P. Allegheny County, Oct. T., 1920, No. 1130, making absolute rule to strike off appeal from judgment of a magistrate in the case of Elliott Keller and Frank C. Keller v. J. A. Staley and M. L. Staley.

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Appeal, No. 108, April T., 1921, by defendants, from judgment of C. P. Allegheny County, Oct. T., 1920, No. 1130, making absolute rule to strike off appeal from judgment of a magistrate in the case of Elliott Keller and Frank C. Keller v. J. A. Staley and M. L. Staley. Appeal from judgment of magistrate in proceedings to recover possession of real estate under the provisions of the Act of December 14, 1863, P. L. 1128 (1864), 2 Stewart’s Purdon 2194. The facts are stated in the opinion of the Superior Court. Rule to strike off appeal on the ground that it should have been taken to the County…

1Opinion of the Court

Opinion by

Henderson, J.,

This case was instituted before a magistrate by the plaintiffs to recover possession of certain premises leased by them to the defendants under an agreement in writing dated March 2, 1917. The appellee states in the brief filed that the proceeding is based on the Act of December 14, 1863, and the Act of March 31, 1905; although it does not appear from the pleadings that the facts bring it within the operation of the latter statute. Judgment having been entered against the defendants, an appeal was taken to the court of common pleas and a transcript of the proceedings…

2Cases cited6 opinions

  1. United States v. ClaflinSupreme Court of the United States · 1878
  2. Rodebaugh v. Philadelphia Traction Co.Supreme Court of Pennsylvania · 1899
  3. Provident Life & Trust Co. v. KlemmerSupreme Court of Pennsylvania · 1917
  4. Commonwealth ex rel. Graham v. DeCampSupreme Court of Pennsylvania · 1896
  5. Sifred v. CommonwealthSupreme Court of Pennsylvania · 1883

1 more not listed; retrieve them via the Exa API.

3Cited by2 opinions

  1. Haller Baking Co. v. Rochester BoroughSuperior Court of Pennsylvania · 1935
  2. Pipa v. KemberlingSuperior Court of Pennsylvania · 1937

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