Legal Opinion

Wilmington Steamship Co. v. Haas

Supreme Court of Pennsylvania

Decided October 3, 1892No. Appeal, No. 132PublishedCited by 6 opinions

Appeal, No. 132, July T., 1891, by plaintiff, from judgment of O. P. Delaware Co., Sept. T., 1890, No. 118, for defendant, Levi Haas et al., setting aside proceedings begun by plaintiff before two magistrates to recover possession of demised premises.

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Appeal, No. 132, July T., 1891, by plaintiff, from judgment of O. P. Delaware Co., Sept. T., 1890, No. 118, for defendant, Levi Haas et al., setting aside proceedings begun by plaintiff before two magistrates to recover possession of demised premises. Certiorari to judgment of alderman of the city of Chester and city recorder on proceedings to obtain possession of demised premises, under the act of March 21, 1772. Judgment having been obtained against defendant and a writ of restitution awarded, the sheriff returned that he had put plaintiff in possession. Defendant issued certiorari and…

1Opinion of the Court

Opinion by

Mb. Justice Stebbett,

This was a landlord and tenant proceeding, before two magistrates under the act of March 21, 1772, to obtain possession of certain demised premises. It resulted in a judgment in favor of the plaintiff company, writ of restitution, etc. On certiorari from the common pleas, the proceedings were set aside and the judgment of the magistrates reversed on the ground, as stated by the court, that the lease, under which defendants were in possession, depended on a contingency and therefore the act of 1772 does not apply. The record is now before us on certiorari from…

2Cases cited1 opinion

  1. McMillan v. GrahamSupreme Court of Pennsylvania · 1846

3Cited by6 opinions

  1. Commonwealth v. COOKSuperior Court of Pennsylvania · 1973
  2. Commonwealth v. QuinnSuperior Court of Pennsylvania · 1969
  3. Ballou v. MehringSuperior Court of Pennsylvania · 1905
  4. Roming v. ShiversSuperior Court of Pennsylvania · 1944
  5. Lenet v. Weinster, Pennsylvania Court of Common Pleas, Philadelphia County1955

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