Flyte v. Stover

Citations

• 72 Pa. Super. 531
• 1919 Pa. Super. LEXIS 360

Syllabus

<p>Practice, Superior Court — Appeals—Questions not raised in court below.</p> <p>The Superior Court will not review a case on a theory different from that on which it was tried in the court below, nor will it consider. questions which were argued for the first time on appeal.</p> <p>Although the record of an alderman in dispossession proceedings may contain defects which would render them so irregular as not to sustain the warrant of possession and require them to be set aside on certiorari, or justify an action in trespass for the unlawful eviction based on such irregular and void proceedings, yet if the plaintiff in such action of trespass bases his right to recover not on the defective record but on matters going to the merits of the proceedings, and the action is tried on that basis in the lower court, the appellate court will not consider objections to the record in the dispossession proceedings not raised by the pleadings nor passed upon by the court below.,</p> <p>Hickey v. Conley, 24 Pa. Superior Ct. 388, distinguished.</p>