Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.

PITTSBURGH HOUSING AUTHORITY v. TURNER (06/12/63)

THE SUPERIOR COURT OF PENNSYLVANIA


June 12, 1963

PITTSBURGH HOUSING AUTHORITY
v.
TURNER, APPELLANT.

Appeal, No. 154, April T., 1963, from order of Court of Common Pleas of Allegheny County, Execution No. 427, July T., 1962, sur July T., 1962, No. 1701, in case of Housing Authority of City of Pittsburgh v. Genevieve Turner. Order affirmed.

COUNSEL

Henry R. Smith, Jr., with him Jones, Smith and Freeland, for appellant.

Everett E. Utterback, for Housing Authority, appellee.

Before Ervin, Wright, Woodside, Watkins, Montgomery, and Flood, JJ. (rhodes, P.j., absent).

Author: Montgomery

[ 201 Pa. Super. Page 69]

OPINION BY MONTGOMERY, J.

Appellant questions the sufficiency of a provision in her lease which purports to authorize the amicable

[ 201 Pa. Super. Page 70]

    entry of judgment in ejectment against her. The provision:

"When this lease shall be determined by term, covenant or condition broken, or for any other cause provided in this lease,... it shall be lawful for any attorney for Tenant to file an agreement for entering in any competent Court an amicable action for judgment in ejectment against Tenant..."

We are of the opinion that this warrant sufficiently authorizes an attorney to accomplish entry of the amicable judgment referred to, and the order of the lower court is affirmed on the able opinion of Judge OLBUM.

The other contention advanced in this appeal relates to the constitution to the constitutionality of the above provision, and has been considered and rejected in the opinion to be filed herewith in the companion appeal at 131 April Term, 1963.

Disposition

Order affirmed.

19630612

© 1998 VersusLaw Inc.



Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.