Sperry v. Seidel

Citations

• 218 Pa. 16
• 66 A. 853
• 1907 Pa. LEXIS 445

Syllabus

<p>Landlord and tenant — Proceedings to dispossess — Wrongful eviction.</p> <p>If a complaint filed in a proceeding to dispossess a tenant under the landlord and tenant Act of March 21, 1772, 1 Sm. L. 370, fails to aver the essential jurisdictional facts required by the statute, the proceedings are coram non judice and without legal effect. An eviction of the tenant in such a case is illegal and the landlord may be held liable for damages in an action of trespass.</p> <p>In an action of trespass to recover damages for a wrongful eviction under proceedings which were wholly invalid because of lack of the necessary jurisdictional facts, it is not reversible error for the court to refer to the eviction as an “abuse of legal process,” instead of referring to it as without “ any legal process ” to justify it.</p> <p>Damages — Exemplary damages.</p> <p>For wanton and intentional violation of the rights of others, or under circumstances of aggravation or oppression, exemplary damages may be recovered.</p>