Patterson v. Pyle
Supreme Court of Pennsylvania
Patterson v. Pyle, 1 Monag. 351 (Pa. 1889)
17 A. 6; 1889 Pa. LEXIS 1307
Patterson v. Pyle
Opinion of the Court
The court below committed no-error in striking off this judgment. There was no authority in the lease to confess a judgment in favor of the plaintiffs. Had the.confession of judgment followed the lease there would have been no room for objection upon this ground. The judgment was-properly stricken off, however, for the further reason that there was - nothing upon the record to show that the defendant had broken any of the covenants in the lease, and the law will not presume that he * has done so.
Judgment affirmed. T. E. P.
Reference
- Full Case Name
- Patterson, Executors v. Pyle
- Cited By
- 3 cases
- Status
- Published
- Syllabus
- Where a judgment was entered in an amicable action in ejectment ■under a warrant to confess judgment contained in a lease, and it appeared that the lessor in the lease was an agent of the owners of the property, while the judgment was entered in the names of the owners as plaintiffs, the court below properly struck off the judgment. Where judgment is entered in an amicable action of ejectment on a lease, if there is nothing on the record to show that the defendant had broJeen the covenants in the lease, the law will not presume that he has done so, and the judgment will be stricken off.