Sperry v. Seidel
Supreme Court of Pennsylvania
Appeal, No. 93, Jan. T., 1906, by defendant, from judgment of C. P. Berks Co., Nov. T., 1903,. No. 47, on verdict for plaintiff in case of William H. Sperry v. Henry J. Seidel. Trespass for wrongful eviction. Before Endlich, J. The opinion of the Supreme Court states the case. Yerdict for plaintiff for $3,947.83, upon which judgment was entered for $3,000, all above that amount having been remitted.
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Appeal, No. 93, Jan. T., 1906, by defendant, from judgment of C. P. Berks Co., Nov. T., 1903,. No. 47, on verdict for plaintiff in case of William H. Sperry v. Henry J. Seidel. Trespass for wrongful eviction. Before Endlich, J. The opinion of the Supreme Court states the case. Yerdict for plaintiff for $3,947.83, upon which judgment was entered for $3,000, all above that amount having been remitted. Errors assigned among others were (1) in refusing binding instructions for defendant and using the words “abuse of legal process ” in the charge.
1Opinion of the Court
Opinion by Mr.
Justice Elkin,
It must be conceded that the question raised by this appeal is a close one and not free from difficulty. There caD be no doubt, however, that if the complaint filed in a proceeding to dispossess a tenant under the landlord and tenant Act of March 21, 1772, 1 Sm. L. 370, fails to aver the essential jurisdictional facts required by the statute, the proceedings are coram non judice and without legal effect. An eviction of the tenant in such a case is illegal and the landlord may be held liable for damages in an action of trespass. Indeed, as we understand the…
2Cases cited9 opinions
- Graver v. FehrSupreme Court of Pennsylvania · 1879
- M'Bride v. M'LaughlinSupreme Court of Pennsylvania · 1836
- Kramer v. LottSupreme Court of Pennsylvania · 1865
- Baird v. HouseholderSupreme Court of Pennsylvania · 1858
- Boyd v. SnyderSupreme Court of Pennsylvania · 1904
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- Cerruti v. BurdickConnecticut Superior Court · 1942
- Thompson v. HedrickSuperior Court of Pennsylvania · 1927
- Surmaitis v. Mikulski, Pennsylvania Court of Common Pleas, Lackawanna County1923