Cunningham v. Gardner
Supreme Court of Pennsylvania
ERROR to the Common Pleas of Allegheny county. This was a proceeding before two justices of the peace under the landlord and tenant law by James Cunningham, guardian of the children of John Kirkpatrick, deceased, against Francis Gardner, to obtain possession of a tract of land alleged to have been leased by Kirkpatrick in his lifetime to Gardner.
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ERROR to the Common Pleas of Allegheny county. This was a proceeding before two justices of the peace under the landlord and tenant law by James Cunningham, guardian of the children of John Kirkpatrick, deceased, against Francis Gardner, to obtain possession of a tract of land alleged to have been leased by Kirkpatrick in his lifetime to Gardner. James Cunningham made the information before the justices by his own affidavit, that John Kirkpatrick, in his lifetime, about the year 1833, leased the premises to Francis Gardner for the term of three years, at the annual rent of $12; that he had…
1Opinion of the Court
The opinion of the Court was delivered by
Huston, J.
— Some part of my labour is required to lay out of the way matters not material here. The landlord applied for a warrant against the tenant, which was issued, and a precept to the sheriff, and a jury was summoned and appeared, and were sworn, and could not agree and were discharged. These proceedings were brought up; we have nothing to do with them. It was indeed suggested that by this all remedy of the landlord was gone; ‘but this was not urged. Every Act of Assembly must have a reasonable construction, and such as will not render it…
2Cases cited1 opinion
- Desesbats v. BerquierSupreme Court of Pennsylvania · 1808
3Cited by5 opinions
- Holly v. TravisSuperior Court of Pennsylvania · 1919
- Koontz v. HammondSupreme Court of Pennsylvania · 1869
- Wistar v. OllisSupreme Court of Pennsylvania · 1875
- Gavit v. Hall, Pennsylvania Court of Common Pleas, Philadelphia County1874
- Gavit v. HallSupreme Court of Pennsylvania · 1874