Surmaitis v. Mikulski

Maxey, J.,

— This is an action to recover possession of demised premises. The summons issued under the Act of April 3, 1830, P. L. 187, *195alleged rent in arrears, but neither in the complaint nor on the face of the record is there any allegation or evidence as to rent in arrears.

A proceeding under the Act of 1830 to recover possession is had only when the lessee neglects or refuses to pay the rent reserved. Prom the complaint quoted in the alderman’s transcript, and from the evidence and finding in the alderman’s transcript, it nowhere appears that any rent was in arrear. The present action is,…