Palethorp v. Schmidt
Superior Court of Pennsylvania
Appeal, No. 57, Oct. T., 1899, by defendant, from judgment of O. P. No. 3, Phila. Co., March T., 1898, No. 975, on demurrer, in favor of plaintiff. Demurrer to statement. Before the court in banc. It appears from the record' that this was an action in rem under the Act of April 3, 1830, P. L. 187, sec. 1, as amended by the Act of March 22, 1861, P. L. 181, sec. 1, for the recovery of possession of real estate for nonpayment of rent.
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Appeal, No. 57, Oct. T., 1899, by defendant, from judgment of O. P. No. 3, Phila. Co., March T., 1898, No. 975, on demurrer, in favor of plaintiff. Demurrer to statement. Before the court in banc. It appears from the record' that this was an action in rem under the Act of April 3, 1830, P. L. 187, sec. 1, as amended by the Act of March 22, 1861, P. L. 181, sec. 1, for the recovery of possession of real estate for nonpayment of rent. Proceedings were instituted before a magistrate and after hearing judgment was entered against defendant that the premises be delivered up to plaintiff, and the…
1Opinion of the Court
Opinion by
Rice, P. J.,
The Act of April 3, 1830, P. L. 187, provides a summary mode of terminating a tenancy when the lessee refuses to pay the rent and there are not sufficient goods upon the premises to answer a distress. After the magistrate has given judgment that the premises be delivered up to the lessor the lessee may either (1) pay the costs and the rent ascertained to be due and in arrear and thus supersede the writ of possession, if not fully executed, or (2) he may give absolute security for all rent that has accrued, or may accrue, up to the time of final judgment, and appeal to…
2Cases cited3 opinions
- Clark v. EverlySupreme Court of Pennsylvania · 1844
- Murphy v. RichardsSupreme Court of Pennsylvania · 1843
- Wyoming County v. BardwellSupreme Court of Pennsylvania · 1877
3Cited by2 opinions
- Mehaffey v. FinkSuperior Court of Pennsylvania · 1900
- Sutterly v. FleshmanSuperior Court of Pennsylvania · 1912