Weaver v. McDevitt
Superior Court of Pennsylvania
Appeal, No. 145, Oct. T., 1902, by defendant, from order of C. P. No. 2, Phila. Co., March T., 1902, No. 4273, discharging rule to set aside judgment in case of Alvin M. Weaver v. Frank McDevitt. Amicable action in ejectment. Rule to open and set aside a judgment. From the record it appeared that on May 26, 1902, plaintiff caused an amicable action in ejectment to be entered against defendant for possession of the premises in rear of 222 Summer street.
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Appeal, No. 145, Oct. T., 1902, by defendant, from order of C. P. No. 2, Phila. Co., March T., 1902, No. 4273, discharging rule to set aside judgment in case of Alvin M. Weaver v. Frank McDevitt. Amicable action in ejectment. Rule to open and set aside a judgment. From the record it appeared that on May 26, 1902, plaintiff caused an amicable action in ejectment to be entered against defendant for possession of the premises in rear of 222 Summer street. On the same day judgment was entered by confession. The record failed to show that any agreement to confess judgment had been signed by an…
1Opinion of the Court
Opinion by
W. D. Porter, J.,
The right of the plaintiff to enter a judgment by confession was dependent upon the provisions of his written lease, which contained a covenant for forfeiture on default by the lessee, and the warrant for entry of judgment was in these words: “ and any attorney may immediately thereafter, as attorney for the said lessee, at the sole request of the said lessor, sign an agreement for entering in any competent court, an amicable action and judgment in ejectment (without any stay of execution or appeal) against the said lessee and all persons claiming under said lessee…
2Cases cited2 opinions
- Lytle v. ColtsSupreme Court of Pennsylvania · 1856
- Summy v. HiestandSupreme Court of Pennsylvania · 1870
3Cited by7 opinions
- Eddy v. SmileySuperior Court of Pennsylvania · 1904
- Agricultural Trust Co. v. BrubakerSuperior Court of Pennsylvania · 1920
- Schneider v. BatesSuperior Court of Pennsylvania · 1912
- Antonelli v. SilvestriOhio Court of Appeals · 1955
- B. B. Leider & Co. v. Di Giacomo, Pennsylvania Court of Common Pleas, Philadelphia County1935
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