Nowey v. Kravitz

This is an appeal from a judgment of the Court of Common Pleas dismissing a writ of error in a summary process action. The defendant, hereinafter called the landlord, brought the action against the plaintiff, hereinafter called the tenant, before a justice of the peace. In response to a motion for oyer a copy of the lease was filed. It contained a provision: “. . . the Tenant waives and will waive all right to trial by jury in any summary proceeding hereafter instituted . . . against the Tenant in respect of the demised premises. . . The tenant filed a motion for a jury trial, but…