Legal Opinion

Haines v. Levin

Supreme Court of Pennsylvania

Decided January 23, 1866PublishedCited by 41 opinions

Writ of error and certiorari to the Court of Common Pleas of Philadelphia. This was a proceeding, under the Act of December 14th 1863, to recover possession of leased premises. Julie Levin, the defendant in error, leased the premises on the 20th of August to Elizabeth Haines, the plaintiff in error, for one year, and on the 19th of May 1865, the landlady notified her tenant to remove at’the end of the year.

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Writ of error and certiorari to the Court of Common Pleas of Philadelphia. This was a proceeding, under the Act of December 14th 1863, to recover possession of leased premises. Julie Levin, the defendant in error, leased the premises on the 20th of August to Elizabeth Haines, the plaintiff in error, for one year, and on the 19th of May 1865, the landlady notified her tenant to remove at’the end of the year. The tenant having refused to remove, proceedings were commenced by Mrs. Levin on the 30th of August 1865 to recover possession. She recovered judgment before the alderman on September…

1Opinion of the Court

The opinion of the court was delivered, by

Agnew, J.

This case is before us in two forms, to wit: — A writ of error to the judgment of the Court of Common Pleas of Philadelphia city and county, in a certiorari issued to remove a landlord and tenant proceeding under the Act of 14th December 1863, before a magistrate ; and a writ of certiorari to remove the writ of possession issued by the same court after affirmance of the proceedings of the magistrate.

In the first branch of the case there is but one question, to wit, the constitutionality of the Act of 1863, which substitutes the judgment of…

2Cases cited1 opinion

  1. Commonwealth v. LaubSupreme Court of Pennsylvania · 1841

3Cited by41 opinions

  1. Smith CaseSupreme Court of Pennsylvania · 1955
  2. Smith v. Times Publishing Co.Supreme Court of Pennsylvania · 1897
  3. Mishoe v. Erie InsuranceSupreme Court of Pennsylvania · 2003
  4. Alford v. State ex rel. Attorney GeneralSupreme Court of Alabama · 1910
  5. Advanced Telephone Systems, Inc. v. Com-Net Professional Mobile Radio, LLCSuperior Court of Pennsylvania · 2004

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