Seagrave v. Lacy

Citations

• 28 Pa. Super. 586
• 1905 Pa. Super. LEXIS 250

Syllabus

<p>Appeals — Landlord and tenant — Waiver of right to appeal — Quashing appeal.</p> <p>An appeal from an order refusing to open a judgment entered on an ejectment clause in a lease, will be quashed where it appears that the lease contained a waiver of a right to appeal, and the contention of the defendant that the lease had expired and a different contract existed between the parties, is not established by anything appearing in the record. If in such a case the defendant relied upon what was contained in depositions to overcome the waiver, it was his duty, having ample time, to suggest a diminution of the record, and have the depositions brought up.</p>