James v. Kurtz

Citations

• 23 Pa. Super. 304
• 1903 Pa. Super. LEXIS 61

Syllabus

<p>Landlord and tenant — Subtenant—Parties—Assumpsit—Pent.</p> <p>A subtenant who is not a party to a written lease between the landlord and tenant cannot be sued in assumpsit for rent by the landlord.</p> <p>Executors and administrators — Parties—Action.</p> <p>An administrator cannot be joined with another person in the latter’s individual capacity as defendant, where the matter in controversy was rent which accrued after the death of the decedent. The Act of March 22, 1861, P. L. 186, does not apply to an action brought against an administrator and another person in the latter’s individual capacity for rent which had accrued since the death of the decedent, where neither of the defendants has died since the commencement of or pending the suit.</p>