Schultz v. Burlock
Superior Court of Pennsylvania
Appeal, No. 155, Oct. T., 1897, by defendant, from order of C. P. No. 4, Pliila. Co., Sept. T., 1897, No. 208, refusing to set aside execution, open judgment and let defendant into a defense. Rule to set aside execution, open judgment, and let defendant into a defense. This was an amicable action in ejectment under an alleged lease under which proceedings the defendant was ejected.
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Appeal, No. 155, Oct. T., 1897, by defendant, from order of C. P. No. 4, Pliila. Co., Sept. T., 1897, No. 208, refusing to set aside execution, open judgment and let defendant into a defense. Rule to set aside execution, open judgment, and let defendant into a defense. This was an amicable action in ejectment under an alleged lease under which proceedings the defendant was ejected. It appears from the record and the evidence that the judgment and proceedings were upon a lease which was executed by the defendant as lessee but not executed by the lessor, plaintiff, and for the defendant’s…
1Opinion of the Court
Opinion by
Orlady, J.,
The judgment which the court below refused to open was entered against the lessee who had signed and sealed it, and who was charged with the performance of the covenants in the lease for the premises which she occupied. The lease supporting the judgment provided for a- tenancy from month to month, and possession of the premises was taken at the beginning of the term.
The landlord accepted the lease as made by the tenant, and, in affirmance of it, he made several demands for rent which proved futile in producing the money. He then entered the judgment in ejectment for…
2Cases cited4 opinions
- Stewart v. JacksonSupreme Court of Pennsylvania · 1897
- Cadwalader v. AppSupreme Court of Pennsylvania · 1876
- Jennings v. McCombSupreme Court of Pennsylvania · 1886
- Lowry v. MehaffySupreme Court of Pennsylvania · 1840
3Cited by4 opinions
- Flomar Corp. v. LogueSupreme Court of Pennsylvania · 1965
- Gleadall v. KenneySuperior Court of Pennsylvania · 1903
- Tuttleman v. BeetemSuperior Court of Pennsylvania · 1911
- Bloeser v. Semeul, Pennsylvania Court of Common Pleas, Erie County1930