Beatty v. Rankin

Citations

• 139 Pa. 358
• 21 A. 74
• 1891 Pa. LEXIS 1003

Syllabus

<p>1. An express waiver by a lessee of “ the benefit of all laws or usages exempting any property from distress or execution for rent,” will be operative as to any property, whether seized upon a landlord’s warrant, or levied upon by an execution from a judgment for rent due: Mitchell v. Coates, 47 Pa. 202, distinguished.</p> <p>2. In a judgment rendered by an alderman, or justice of the peace, in favor of the landlord for rent due by a tenant holding under a lease containing a waiver of exemption, it is immaterial whether the magistrate notes the waiver of the exemption in his record of the proceedings or not.</p> <p>3. The jurisdiction of aldermen, magistrates, and justices of the peace, in an action to recover judgment for rent due, conferred by the act of March 22, 1814, P. L. 190 (6 Sm. L. 182), to the amount of one hundred dollars, is enlarged by the act of May 29,1879, P. L. 194, to the amount of three hundred dollars.</p>