78 Pa. Super. 184 | Pa. Super. Ct. | 1921
Opinion by
This case was instituted before a magistrate by the plaintiffs to recover possession of certain premises leased by them to the defendants under an agreement in writing dated March 2, 1917. The appellee states in the brief filed that the proceeding is based on the Act of December 14, 1863, and the Act of March 31, 1905; although it does not appear from the pleadings that the facts bring it within the operation of the latter statute. Judgment having been entered against the defendants, an appeal was taken to the court of common pleas and a transcript of the proceedings before the magistrate was filed in that court. Thereafter a rule was entered by the plaintiffs to strike off the appeal for the reason that it should have been taken to the county court of Allegheny County. This rule was made absolute and the appeal stricken off. The question for consideration is, therefore, to which of the said courts should an appeal from the judgment of a magistrate, entered against the defendant in a proceeding for the recovery of the posses
The first assignment is sustained. The second assignment is not in compliance with the rules of this court and the question is not properly before us. The order is reversed and the appeal reinstated.