Notley's Petition

Citations

• 263 Pa. 377
• 106 A. 716
• 1919 Pa. LEXIS 436

Syllabus

<p>Ejectment — Rule to bring ejectment — Compliance with rule — - Action brought in Federal court — Jurisdiction—Acts of March 8, 1889, P. L. 10, and April 16,1903, P. L. 212.</p> <p>1. Where, in a proceeding under the Act of March 8, 1889, P. L. 10, as amended by the Act of April 16, 1903, P. L. 212, the court makes absolute a rule requiring respondents to bring an action of ejectment within six months, five of the respondents, who are nonresidents of Pennsylvania, sufficiently comply with the order by instituting within six months an action of ejectinent in the Federal court of the district in which the land is situated.</p> <p>2. In such a case it is reversible error for the Court of Common Pleas, in which the proceedings were originally instituted, to enter judgment, at the instance of the defendants in the ejectment, for failure to institute an action of ejectment within six months as originally directed by that court.</p> <p>3. Where the parties in the ejectment agree of record that the certified record from the United States Court should be considered by the Court of Common Pleas upon the application for judgment, the latter court may properly consider such record in determining whether the ejectment barred the Court of Common Pleas from entering judgment; and especially is this so since the Acts of March 8, 1889, P. L. 10, and April 16, 1903, P. L. 212, do not stipulate the practice to be pursued upon such an application for judgment.</p> <p>4. In passing upon the propriety of the entry of such judgment, the appellate court may, as the proceeding is purely statutory, examine the opinion of the court below to see the basis on which it acted; and this is so even if the appeal should be considered as a certiorari: McCauley v. Imperial Woolen Co.., 261 Pa. 312, followed.</p> <p>5. There is no express provision in, or necessary implication to be gathered from the Acts of March 8, 1889, P. L. 10, and April 16, 1903, P. L. 212, which requires the action of ejectmen