Flyte v. Stover
Superior Court of Pennsylvania
Appeal, No. 228, Oct. T., 1918, by plaintiff, from judgment of O. P. Lehigh County, June T.; 1916, No. 37, refusing to strike off nonsuit in the case of Ada M. Flyte v. Ellen Stover. Trespass for an alleged unlawful .eviction. Before Groman, P. J. The opinion of the Superior Court states the case. The court entered a compulsory non suit which it subsequently refused to strike off. Plaintiff appealed. Error assigned, among others, was the decree of the court.
1Opinion of the Court
Opinion by
Keller, J.,
The able argument of the counsel for the appellant in this court was directed to certain alleged defects in the record of the alderman in the dispossession proceedings instituted by the defendant against the plaintiff, which formed the basis of the present action in trespass. It was contended that under the authority of Hickey v. Conley, 24 Pa. Superior Ct. 388, the judgment of the alderman was void and the consequent dispossession an unlawful eviction for which the landlord, the defendant in this case, was liable in an action of trespass.
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2Cases cited5 opinions
- G. B. Hurt, Inc. v. Fuller Canneries Co.Supreme Court of Pennsylvania · 1919
- Weiskircher v. ConnellySupreme Court of Pennsylvania · 1917
- Stilwell v. SmithSupreme Court of Pennsylvania · 1907
- Hickey v. ConleySuperior Court of Pennsylvania · 1904
- Hazen v. CulbertsonSupreme Court of Pennsylvania · 1840
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