Philadelphia v. Johnson
Supreme Court of Pennsylvania
Philadelphia v. Johnson, 208 Pa. 645 (Pa. 1904)
57 A. 1114; 1904 Pa. LEXIS 819
Bbown, Dean, Fell, Mestbezat, Potteb
Philadelphia v. Johnson
Opinion of the Court
Under the power of attorney delivered in this case a judgment was entered June 5, 1902. As the learned judge of the Superior Court has clearly shown, on both reason and authority, that act was an exhaustion of the power conferred by the warrant. The confession of the second judgment on the same warrant was a nullity.
The decree of the Superior Court is affirmed for the reasons given by Judge Smith in his opinion filed.
Reference
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- Syllabus
- Landlord and tenant — Amicable action — Ejectment—Judgment—Second judgment. Where a judgment has been entered under an ejectment clause in a lease; no second judgment can be entered under the same clause; and this is the case although the first judgment may have been prematurely entered, or may have been voidable from matters outside the record.