Quinn v. McCarty
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Pike county: Of January Term 1876, No. 123. The proceedings in this case were under the Landlord and Tenant Act of December 14th 1863, Pamph. L. 1126, 2 Br.
Read the full summary
Error to the Court of Common Pleas of Pike county: Of January Term 1876, No. 123. The proceedings in this case were under the Landlord and Tenant Act of December 14th 1863, Pamph. L. 1126, 2 Br. Purd. 882, pi. 20. They were commenced before a justice of the peace April 15th 1874, on the complaint of John Quinn; that on the 11th of March 1873, he was quietly in possession of a farm of one hundred and twenty-four acres, and on that day demised it to W. H. McCarty for one year from April 1st 1873, “ with the privilege of five years at the annual rent of $175, under the terms and conditions of…
1Opinion of the CourtJustice Woodward
The Act of the 14th of December 1863 gave to a single- justice of the peace the jurisdiction in proceedings to regain possession of demised premises, which had previously been exercised under the Act of 1772 by two justices and a jury of twelve freeholders. By its provisions the duty was imposed on the magistrate to hear and decide upon the rights of the parties in every case in which it should be alleged by a lessor that he had been quietly possessed of the lands and tenements required to be surrendered; .that he had demised them to the tenant in possession for a term that was fully ended;…
2Cases cited2 opinions
- Jackson ex dem. Church v. BrownsonNew York Supreme Court · 1810
- Newell v. GibbsSupreme Court of Pennsylvania · 1841
3Cited by5 opinions
- Steiner v. Central Trust & Title Co.Supreme Court of Pennsylvania · 1922
- Robinson v. MoyerSuperior Court of Pennsylvania · 1914
- Yoder Yoder v. SwainbankSuperior Court of Pennsylvania · 1923
- Brown v. Traver, Pennsylvania Court of Common Pleas, Wyoming County1942
- Fetherman v. Dietz, Pennsylvania Court of Common Pleas, Northampton County1923