Legal Opinion

Maus's Lessee v. Montgomery

Supreme Court of Pennsylvania

Decided June 15, 1823PublishedCited by 4 opinions

IN ERROR. In ejectment, if the lease laid in the nan-, has expired, the enlargement of it is an amendment in matter of form, and it is error under the act of 21st March, 1806, if the court refuse it. Error to the Court of Common Pleas of Columbia County, in an ejectment brought by the lessee of Philip Maus against Montgomery and others. The case was submitted to the court without argument.

1Per curiam

This is an ejectment for a tract of land in Columbia county, brought to Jlpril Term, 1800. The demise was laid, in the declaration, as commencing on the 20th March, 1803, and to continue for ton years. The action was depending until the year 1822, when the attorney for the plaintiff moved the court for leave to amend the declaration by enlarging the time, for 30 years from the 20th March, 1800. The court, conceiving that the amendment was a matter resting in their discretion, refused to allow it, and that is the error complained of.

It has been decided by this court, that in cases where an…

2Cited by4 opinions

  1. Sandback v. QuigleySupreme Court of Pennsylvania · 1839
  2. Griffith v. EshelmanSupreme Court of Pennsylvania · 1835
  3. Burk v. HuberSupreme Court of Pennsylvania · 1834
  4. Comfort v. LelandSupreme Court of Pennsylvania · 1838

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