Rovno v. Lorentz

Citations

• 32 Pa. Super. 162
• 1906 Pa. Super. LEXIS 310

Syllabus

<p>Landlord and tenant — Waiver of appeal — Striking off appeal — Eviction — Discretion.</p> <p>A waiver of a right of appeal in a lease may be claimed by the lessor, although the lessee sets up the defense of eviction. In such a case the justice has jurisdiction to determine the question whether there was in fact an eviction, and the agreement is in effect that the lessee will be bound by his decision.</p> <p>If there are any special facts which will preclude the lessor from claiming the waiver, the lessee may show them in response to a rule to show cause why the appeal shall not be struck off. If he fails to do so the rule will be made absolute.</p> <p>A subsequent application to reinstate the rule to strike off upon the ground of after-discovered evidence, is addressed to the sound discretion of the court below.</p>