Koontz v. Hammond
Supreme Court of Pennsylvania
Mayi 11th 1869. Before Thompson, C. J., Bead, Agnew, Sharswood and Williams, JJ. Error to the Court of Common Pleas of Bedford county: No. 36, to May Term 1868. The proceedings in this case were under the Landlord and Tenant Act of December 14th 1863 (Pamph.
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Mayi 11th 1869. Before Thompson, C. J., Bead, Agnew, Sharswood and Williams, JJ. Error to the Court of Common Pleas of Bedford county: No. 36, to May Term 1868. The proceedings in this case were under the Landlord and Tenant Act of December 14th 1863 (Pamph. L. of 1864, p. 1125, Purd. 1341). They were commenced before a justice of the peace by Mary Ann- Hammond against William Koontz, and brought into the Court of Common Pleas by appeal on the 14th of April 1868. The plaintiff declared in ejectment; the defendant pleaded “not guilty,” and that the justice had no jurisdiction. The premises…
1Opinion of the Court
The opinion of the court was delivered,
by Sharswood, J.
Neither the first section of the Act of March 20th 1810 (5 Sm. L. 161) which excepts from the jurisdiction conferred upon justices of the peace of all causes of action arising from contract not above one hundred dollars “ cases of real contract, where the title to lands or tenements may come in question,” nor the thirteenth section of the Act of March 21st 1772 (1 Sm. L. 374) have any bearing whatever upon the question of proceedings under the Act of December 14th 1863 (Pamph. L. 1864, Appendix p. 1125). Under the Act of 1772 it is only…
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