Clark v. Everly
Supreme Court of Pennsylvania
ERROR to the Common Pleas of the county of Philadelphia. This was an appeal from the judgment of two justices in a proceeding to obtain possession of premises in Fifth between Pine and Lombard streets in the city of Philadelphia, instituted by Lewis Clark against Miller N. Everly. A verdict and judgment were rendered in favour of the defendant. The facts of the case and points of law involved appear in the following charge of the court below, delivered by Judge Parsons.
Read the full summary
ERROR to the Common Pleas of the county of Philadelphia. This was an appeal from the judgment of two justices in a proceeding to obtain possession of premises in Fifth between Pine and Lombard streets in the city of Philadelphia, instituted by Lewis Clark against Miller N. Everly. A verdict and judgment were rendered in favour of the defendant. The facts of the case and points of law involved appear in the following charge of the court below, delivered by Judge Parsons. This is a proceeding which was instituted before two magistrates under the Act of April 1830, to dispossess an alleged…
1Opinion of the Court
The opinion of the Court was delivered by
Gibson, C. J.
Asa landlord could not, at common law, annul his tenant’s lease for non-payment of rent or want of property on the premises to answer a distress, the tenant could retain the possession against him, though it were certain that not a shilling would eventually be recovered. The landlord had no choice but to await the expiration of the term, and repose, in the mean time, on his common-law remedies of distress and action, so far as they should avail him; for such was the basis of the lease. Like every other contract, it could be dissolved only…
2Cases cited1 opinion
- M'Kinney v. ReaderSupreme Court of Pennsylvania · 1838
3Cited by6 opinions
- Jones Et Ux. v. StifflerSuperior Court of Pennsylvania · 1939
- Mohan v. ButlerSupreme Court of Pennsylvania · 1886
- Glenn v. ThompsonSupreme Court of Pennsylvania · 1874
- Palethorp v. SchmidtSuperior Court of Pennsylvania · 1900
- Clarenbach v. Giordano, Pennsylvania Court of Common Pleas, Philadelphia County1978
1 more not listed; retrieve them via the Exa API.