McDermott v. McIlwain
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Philadelphia : Of July Term 1872, No. 113. This was a proceeding under the Act of April 3d 1830 (Landlord and Tenant), Pamph. L. 181, 2 Br. Purd. 882; commenced before an alderman of Philadelphia, by Catharine Mcllwain, executrix and devisee, &c., of James Rafferty landlord,, and as agent of M. A. Kane,against Patrick McDermott.
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Error to the Court of Common Pleas of Philadelphia : Of July Term 1872, No. 113. This was a proceeding under the Act of April 3d 1830 (Landlord and Tenant), Pamph. L. 181, 2 Br. Purd. 882; commenced before an alderman of Philadelphia, by Catharine Mcllwain, executrix and devisee, &c., of James Rafferty landlord,, and as agent of M. A. Kane,against Patrick McDermott. The complaint was as follows, viz.:— “ On the thirtieth day of April, A. D. one thousand eight hundred and seventy-two, before me, one of the aldermen of the city of Philadelphia, personally appeared Catharine Mcllwain, who, being…
1Opinion of the Court
The opinion of the court was delivered, May 11th 1874, by
Williams, J.
If the alderman had jurisdiction of the proceedings in this case, the Common Pleas was right in affirming his judgment. But his jurisdiction cannot be presumed. It must be affirmatively shown by the record. It is clear that he had no jurisdiction of the proceedings, under the act, if the premises were not demised to the lessee for a term of years, or for a less period, and, therefore, the record should show the term for which they were demised. The complaint is the basis of the proceedings; and it should set out all the…
2Cited by6 opinions
- Hickey v. ConleySuperior Court of Pennsylvania · 1904
- McHendry v. ShafferSuperior Court of Pennsylvania · 1914
- Roming v. ShiversSuperior Court of Pennsylvania · 1944
- Robinson v. MoyerSuperior Court of Pennsylvania · 1914
- Knapp v. Miller, Pennsylvania Court of Common Pleas, Schuylkill County1890
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