Mikulski v. Ziolkowski

Citations

• 73 Pa. Super. 72
• 1919 Pa. Super. LEXIS 176

Syllabus

<p>Landlord and tenant — Justice of the peace — Act of December 11¡., 186S, P. L. (186U) 1125.</p> <p>The record of a justice of the peace under the Landlord and Tenant Act of December 14, 1863, P. L. 1125, must show that the lessor was quietly and peaceably possessed of the land and tenements; that he demised the same to the tenant for a definite term; that a rent certain was reserved; that the term had expired and that the tenant had notice to quit. Such facts must be found by the justice of the -peace and placed on his record, and in the absence thereof the record is insufficient to sustain a judgment in favor of the plaintiff.</p> <p>The statutes which confer the jurisdiction upon the magistrate make that jurisdiction to depend upon the existence of the designated facts, and it is not sufficient that the complaint aver the facts and that testimony be produced tending to establish the facts. The justice must find the specific facts upon which his jurisdiction depends, or that the averments of the complaint are true, and that he has so found them must appear from his record.</p>