Lang v. Finch

Citations

• 166 Pa. 255
• 31 A. 84
• 1895 Pa. LEXIS 1186

Syllabus

<p>Ejecin^ent—Costs—Capias ad satisfaciendum,—Act of 1812.</p> <p>Wheve an amicable action of ejectment is grounded solely upon a breach of a lease by the tenant in sub-letting the demised premises without the consent of the lessor, and it does not appear that the tenant was guilty of any tortious act. either in obtaining or holding possession of the premises, or in surrendering the same to his sub-lessee, or otherwise, the costs in. the case are merely a species, of damages arising from a breach of contract, and not from a tort, and a capias ad satisfaciendum will not lie against the tenant to collect them.</p>