Horner v. Wetherell

Citations

• 5 Sadler 247

Syllabus

<p>The jurisdiction under the landlord and tenant act of December 14, 1863j is special, and the record of the justice must contain every essential to support his judgment.</p> <p>Where the record of the justice shows that the summons was returnable three days after it issued; that the jury of freeholders assembled but was discharged before hearing; and that the justice himself proceeded to hear the case without a jury or new process, and omits to describe the term, and the judgment does not find the facts, — the judgment will be reversed on certiorari, and the proceedings dismissed and set aside.</p> <p>Cited in Horner v. Marietta, 135 Fa. 418, 420, 19 Atl-10.29.</p> <p>Note. — Subsequently an action of ejectment was instituted between these ■parties for the property in question. Horner v. Marietta, 135 Pa. 418. 19 Atl. 1029.</p>