Hazen v. Culbertson
Supreme Court of Pennsylvania
ERROR-to the common pleas of Mercer county. Joseph Culbertson against Samuel B. Hazen. This was an action upon a recognizance, in which the following case was stated in the nautre of a special verdict.
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ERROR-to the common pleas of Mercer county. Joseph Culbertson against Samuel B. Hazen. This was an action upon a recognizance, in which the following case was stated in the nautre of a special verdict. On the 28th day of November, 1S32, Joseph Culbertson, the plaintiff, leased to Daniel Chapman a lot of ground, with the houses and appurtenances, for three years from and after the 1st day of December 1832, for the annual rent of 70 dollars, payable half yearly; the first payment to be made on the 1st April 1833. On the 9th day of Decembe'r 1834, Culbertson commenced a proceeding before two…
1Opinion of the Court
The opinion of the court was delivered by
Sergeant, J.
The object of the act of April 3, 1830, is, to enable landlords to recover possession of the premises demised, in cases where the rent is not paid, and there is no sufficient distress on the premises. The only judgment which it directs to be rendered by the justices is, a judgment that the premises shall be delivered up to the lessor, and the writ of possession is for that purpose, and to levy the costs. No judgment is rendered by the justices for the rent in arrear; nor does it authorize it to be levied; although the amount is endorsed on…
2Cited by4 opinions
- Blackmore v. . WindersSupreme Court of North Carolina · 1907
- Hickey v. ConleySuperior Court of Pennsylvania · 1904
- Flyte v. StoverSuperior Court of Pennsylvania · 1919
- Strodick v. PenningtonSuperior Court of Pennsylvania · 1908