Isman v. Niederman

Citations

• 74 Pa. Super. 175
• 1920 Pa. Super. LEXIS 118

Syllabus

<p>Landlord and tenant — Amicable action of ejectment — Judgment —Opening judgment — Discretion of court.</p> <p>An application to open a judgment in ejectment, entered in accordance with a warrant of attorney contained in a lease, is ah equitable proceeding addressed to the sound discretion 'of - the ■court, and the decision of the lower court will not be disturbed on •appeal, unless there is proof of abuse of judicial discretion.</p> <p>The fact that a judgment was entered in the name of the agent, with whom a lease was made, to the use of the assignee of the original lessor, is no reason for striking off the judgment. A judgment entered in favor of the agent as lessor could not have Been contested by the defendant, and it is not necessary to set out the interest of the use-plaintiff, except for his special protection.</p> <p>A lessee, under a lease containing a waiver of all defects and errors in entering an amicable action of ejectment, is not in a position to raise any question as to such errors, when he has waived his right to a review of any action of the court below, in accordance with the terms of the written lease.</p>