The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1867-02-21
An Important Decision ia n Landlord
TennnA CnaR.

An Inn pOrtant Decision a n Landlord and
Tenant Case.
McMullen VS.. McCreary. Error TO Common Pleas
Opinion by Woodward, c. J.
HISTORY or THE CASH
The plaintiff in error has beenin the possession Of,
and occupied the premises described in the complaint
thereof until the 26th day Of December 1861 when he
WIS nPtnsd by he defendant in error to furnish him
tenancy OF the said PREMISES and IN the said notice he
Ihe plaintia tint in error dld rot answer the said
Oh OF aoout tne "a gay OF MaTch lSoo, tne
remove from and leave the said premises, for having
term Of Of his tenancy commenced. within three months
rom the date Of said notice On the 9TH day of sep
complaint before, Alderman Beitler, and on the day
on the llth day Of September A. D. 1866 between the
Gi Sa6 SoGk & 1 the sad day The parties
error filed aplea to the Jurisdiction OF the Alderman
offered in evidence deed dated August .. ISL nom
corded August "a 1864 IN Deed Book L. r. b.. No IL,
page az, etc Also two notices They were admitted
vice Of the said notices The defendant in error closed
b 1u % hS' % sR Sy S Ient was nor 6
entered Judgment ar for the defendant in error
sep1emSSer 49, 1896 from the Court OF Gomm0n Pleas
g. 1896 the record was fled and on december l. 1866
exceptions were filed. and on DECEMBER 10, 1885, the
The proceedings in this case were under the act Of
1890, which is set forth In the complaint.
Judgment was given by the AdeTm9n under the
bCt VI OeCeulper ~ 1000 NIuTu p"Be lotlb
OPINION.
The act OF Assembly of February %, 1866 Purdon.
1882 relative to lost leases between landlords and
tenants i'm Philadelphas much out OF the course
OF the common law and ought TO bestricy construed
be limited to precise case contemplated by the act,
and the nouisition OF the Alderman should exhibit,
fact which the act makes necessary to the Jurisdiction
have arisen city of Philadelphia from:the loss of
for a special case in which these several things must
concur ''
term of years, or from year 10 year.
Second landlord, either the original lessor, or
has lost the lease unable TO produce proof of the
beginning and conclusion OF the lessor.
Third. The first of the term. If for years, or the
term, If from year to year, must be ended. .
landlord to give the tenant notice In writing, that he
has lost the lease or Is unable to prove IT'S beginning
in writing, within thirty days the date at which the
supported by affidavit, but If i be SO SUPPORTED
becomes evidence or tne facts S6srsg set dota dortn m in
written response is evidence, but if he fail or refuse
landlord may then give him three months notice to
quit and surrender the Possession OF the premises
same manner as is provided by the act Of December
respond 10 the landlords demand Is made evidence
that the tenant Is liable to DC aTansG ~ the
@ under the % act of S6s that that the time viii be
The is loosely drawn, but these seem to be Its
Sg rom UP To aa tRa ns
first year of the term the term its elf rs ended else
main viIS Of the record before this case is that
pree tha or at S %
from year 10 year, ever existed II sets forth that
mis,s mis- S'" Since August, 6, lSc4 that McMuli!n
premises; that the plaintiffs being unable to ur2is6
Proof S h o ana 9ad G S v
notice etc This is all that is alleged and IL amounts
In possession Of the premises McM1n might ihco9S
parlance, well as in legal language. be called
But he may hold as owner, or intruder as well as
to teaancS created by lease which fixes term and
| rent And to give any broader "a application 1c ION
Sus the recovery Of land however the possession Of
the defendant he did not ailege lease. He said the
lease f any" lost, but he did not allege lease,
the act Of S65 Then Il clear the ALDERMAN had no
ynsiSe bv the Common Pleas Several exceptions were
taken which not susainabe, but they need not be
and the proceedings OF the Alderman are set aside at
the costs Of the plaintiff below.
| UNITED STATES DISTRICT CoURT-Judge Cad
walader-J. X. Valentine United States District At
the defendant was charged with passing and at
10 pass % y With se to S Re 6e
United States. The defendant lives about "a miles
sawyer by profession. The evidence produced by the
United states showed. that on the 3lst Of December,
| 1866 the defendant went into barber shop in Ma.
| hanoy City, shaved, and had tooth extracted,
and gave the barber in payment a counterfeit fifty
He said nothing to the barber when he gave the
note and when he LETT the place the barber marked IT,
He afterwards paid several of these to grocer
sS e 39s Rs the IN the
early part OF last month at the jackson Coery,
| Mabanoy City: He had no difficulty in making the
| arrest, did he find any bad money upon the
| defendants person The defendant told the officer
had passed several of these notes. Dut that he
| did not know they were counterfeit.
| The defense offered testimony but argued that
the United States had not made out case upon which
Jury would convict, II was not disputed that the
defe ndant had passed notes. forged false and coun
terfet. But there not title of evidence TO prove
guilty knowledge or bad motive. The charge against
the defendant was, passing, etc, with intent TO de-
| fraud the Government, But 10 one said that the
defendant In passing these notes. had any other than
Besides, the defendant is an humble laboring un-
tell genuine from counterfeit note. lie couldn't
even read u was alleged and he received the notes
from peddler, entire stranger TO him. On trial
Palethorp for defendant
DISTRICT COURT-Judge Stroud.-Lafeter vs. the
| FrankfOTd and: Southwark Passenger Railway Com
tained by plaintiff, IN being over by one of the
cars OF defendants. Verdict for plaintiff. $500.
| DISTRICT COURT-Judge Hare.-George stock
ham VS.. David Young 81 william ii. StOeYer. An
action recover the amount OF mortgage on factory
in Germantown. Verdict for plaipsiH, Sl6US6e; t6s
An action TO recover damages for injuries sustained
by plaintiffs in the loss OF the father and husband
plaintiffs. in Fifth street, below Walnut. The exca-
yalion extended out on the pavement ABOUT three
dent happened there was no barrier TO prevent any
ang in ON ta BS2 og eendaSt snd Tor
FCUURT OF QUARTER SIISSlONS-Judge Lud-
low.-Prison cases are sun PeioIe before tne @ Gohr
having committed an assault and battery upon Hugh
Mullen. Mr.. Mullen keeps tavern IN Germantown,
| witnesses for the commonwealth testified that one
evening the Just nd aryea e r1m the city
| MIR. Mullen TO avoid row, went outside of his own
house The defendants i9l4wed % him. and one struck
one witness for the commonwealth, who was per-
| Nfu1p nd nrda rIy.