Penna. Co. for Insurance on Lives & Granting Annuities ex rel. McCarroll v. Shanahan

Citations

• 10 Pa. Super. 267
• 1899 Pa. Super. LEXIS 269

Syllabus

<p>Landlord and tenant — Discretion of court in refusing to open judgment in ejectment — Go-existent rights to recover rent and possession — Amendment.</p> <p>There is no abuse of discretion in refusing to open a judgment in ejectment, entered upon warrant of attorney for conditions broken in the lease, because levy and distress had been made for rent in arrears and the leasehold interest sold to the use plaintiff. The right to recover rent in arrear and the right to recover possession co-exist and may be exercised together.</p> <p>The status of the use plaintiff is immaterial to the defendant; if the defendant still had an interest in the lease it could not be destroyed by alease by the legal to the use plaintiff, if he had none he has no ground to complain; the right to add the use plaintiff to the record is also immaterial because if a mistake it could be amended.</p> <p>Appeal — Review of discretion in refusal to open judgment.</p> <p>A rule to open judgment is an appeal to the discretion of the court upon equitable grounds, and if refused an appeal lies, but such appeal only raises the question whether there has been an abuse of discretion in refusing to open; such appeal is, in effect, a certiorari bringing up the record for examination and the only question to be considered by the appellate court is whether the record is sufficient to sustain the judgment.</p>