McCafferty v. Davis

Citations

• 74 Pa. Super. 172
• 1920 Pa. Super. LEXIS 117

Syllabus

<p>Landlord and tenant — Amicable action in ejectment — Opening judgment — Discretion of court — Married woman.</p> <p>There is no legal inhibition against a married woman, on her own behalf, entering into a lease for premises to be occupied by her, and since the Act of June 8, 1893, P. L. 344, she may authorize the confession of judgment in an amicable action of ejectment by agreement contained in such a lease.</p> <p>It was not necessary for a lessor under a written lease to show affirmatively that notice to quit the premises had been given, in accordance with the procedure required under the Act of April 3, 1830, P. L. 187, to the lessee prior to the entry of an amicable action of ejectment for default in payment of rent, under, the provisions of the written lease. The remedies were cumulative, and the notice required by the Act of Assembly of April 3, 1830, or by the lease relative to such proceedings, was not necessary if those proceedings were not resorted to.</p> <p>Where a judgment has been entered in an amicable action of ejectment, by virtue of a warrant of attorney contained in the lease, and the defendant took a rule to open judgment, and it appeared, when the ease was called for argument, that defendant had taken no depositions to support the rule, and asked for a continuance of the argument, which the court refused to grant because of the vagueness of the allegations in her petition, and afterwards discharged the rule to open the judgment, the action of the court will not be reversed, in the absence of any evidence of abuse of judicial discretion.</p>