Givens v. Miller
Supreme Court of Pennsylvania
May 11th 1869. Before Thompson, C. J., Read, Agnew, Sharswood and Williams, JJ. ■ Error to the Court of Common Pleas of' Cumberland county: No. 42, to May Term 1869. The proceedings below commenced before a justice of the peace on the 15th day of April 1868, upon the complaint of Catharine Miller and others against Nathaniel Givens, to obtain possession of premises which, it was alleged, he held under lease from the ancestor of the complainants.
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May 11th 1869. Before Thompson, C. J., Read, Agnew, Sharswood and Williams, JJ. ■ Error to the Court of Common Pleas of' Cumberland county: No. 42, to May Term 1869. The proceedings below commenced before a justice of the peace on the 15th day of April 1868, upon the complaint of Catharine Miller and others against Nathaniel Givens, to obtain possession of premises which, it was alleged, he held under lease from the ancestor of the complainants. The complaint described the premises by adjoiners, “ containing-acres, more or less,” and that the lease was “ for one year, or at will.” Upon the…
1Opinion of the Court
The opinion of the court was delivered,
by Thompson, C. J.
This was a case of proceedings under the Act of the 14th December 1863, to recover certain leased premises in possession of the defendant. They were begun by the justice by an ordinary summons in debt not exceeding $100, without reference to any complaint whatever made, to recover leased premises, and ended in a judgment for plaintiffs for $20, “ and the immediate possession of the property, now held forcibly by said Nathaniel Givens, unto the plaintiffs.”
The summons might have been sufficient had the defendant appeared to it; but it…
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