72 Pa. Super. 531 | Pa. Super. Ct. | 1919
Opinion by
The able argument of the counsel for the appellant in this court was directed to certain alleged defects in the record of the alderman in the dispossession proceedings instituted by the defendant against the plaintiff, which formed the basis of the present action in trespass. It was contended that under the authority of Hickey v. Conley, 24 Pa. Superior Ct. 388, the judgment of the alderman was void and the consequent dispossession an unlawful eviction for which the landlord, the defendant in this case, was liable in an action of trespass.
An examination of so much of the alderman’s record in the dispossession proceedings as was brought up with the record in this case and printed in the appellant’s paper-book, would seem to disclose certain defects which, if contained in the whole record, under the ruling of the
It has been frequently decided by the Supreme Court that an appellate court will not review a case on a theory different from that upon which it was tried by the court below, nor consider questions which were not raised in the lower court, but were argued for the first time on appeal: Armstrong & Latta v. Phila., 219 Pa. 39; Weiskircher v. Connelly, 256 Pa. 387; Hurt v. Fuller Canneries Co., 263 Pa. 238.
As the case was presented in the pleadings and on the trial in the court below it was not error to reject the evidence offered as to the value of the furniture on the prem
For the above reasons and without intending in any manner to depart from our ruling in Hickey v. Conley, supra, the assignments of error are overruled and the judgment is affirmed.