Legal Opinion

Keown v. Mallissee

Superior Court of Pennsylvania

Decided July 15, 1914No. Appeal, No. 77PublishedCited by 4 opinions

Appeal, No. 77, April T., 1914, by defendant, from judgment of C. P. Allegheny Co., First Term, 1910, No. 382, on verdict for plaintiff in case of William Keown v. Henry W. Mallissee. Trespass for the wrongful holding over. Before Evans, J. The facts are stated in the opinion of the Superior Court.

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Appeal, No. 77, April T., 1914, by defendant, from judgment of C. P. Allegheny Co., First Term, 1910, No. 382, on verdict for plaintiff in case of William Keown v. Henry W. Mallissee. Trespass for the wrongful holding over. Before Evans, J. The facts are stated in the opinion of the Superior Court. The court charged in part as follows: This plaintiff was the owner of a piece of land in the city of Pittsburg, on Eva street, and on that land was erected a stable with some twenty-six stalls in it. [The defendant occupied those premises as a tenant, and in October of 1907 the plaintiff in this…

1Opinion of the Court

Opinion by

Kephart, J.,

The plaintiff was the owner of a property situate in the city of Pittsburg, on which was erected a livery stable. He made an oral lease of the stable to the defendant, and on October 26, 1907, notified the defendant to quit the possession on or before November 30, 1907. The defendant having failed to comply with this notice, proceedings were instituted before an alderman under the Landlord and Tenant Act to recover possession of the premises, and judgment of ouster was rendered on December 9, 1907. The defendant filed a bill in equity and a prehminary injunction was…

2Cases cited22 opinions

  1. Fredericks v. HuberSupreme Court of Pennsylvania · 1897
  2. Ahl v. RhoadsSupreme Court of Pennsylvania · 1877
  3. Weigley v. Coffman, Pennsylvania Court of Common Pleas, Philadelphia County1891
  4. Audenried v. Philadelphia & Reading RailroadSupreme Court of Pennsylvania · 1871
  5. Ex Parte SlaytonSupreme Court of the United States · 1882

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3Cited by4 opinions

  1. Taylor v. KaufholdSupreme Court of Pennsylvania · 1951
  2. Smyth v. Fidel. Dep. Co. of Md.Superior Court of Pennsylvania · 1936
  3. Fortunato v. Shenango Limestone Co.Supreme Court of Pennsylvania · 1924
  4. Miller v. South Hills Trust Co.Superior Court of Pennsylvania · 1929

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