Mandel v. Freeland

Opinion by

Keller, J.,

Defendant appealed to the municipal court from the judgment of a magistrate in an action of assumpsit for rent. Plaintiff obtained a rule to strike off the appeal, on the ground that the lease between the parties contained a waiver of exemption and appeal. Defendant in his answer denied leasing the premises in question; denied that any written lease had been executed by the parties, or that he had ever entered into possession of the premises. The court below made the rule absolute on petition and answer, without depositions.

No copy of the alleged written lease was set…