52 Pa. Super. 253 | Pa. Super. Ct. | 1913
Opinion by
The defendant appeals from the order of the court of common pleas discharging his rule to show cause why judgment entered in an amicable action of ejectment, under a warrant in a lease, should not be opened. The plaintiff moves to quash the appeal upon the ground that the defendant had by the covenants of the lease waived the right to have any judgment entered under the warrant of attorney reviewed by an appellate court. The lease containing the warrant provided that upon default in the payment of rent, or if the lessee should underlet or otherwise use the premises than as in the lease expressed, or fail to comply with the conditions of the lease; "any attorney may immediately thereafter, as attorney for the said lessee, at the sole request of the said lessor, sign an agreement for entering in any competent court, an amicable action and judgment in ejectment (without any stay of execution or appeal) against the said lessee and all persons claiming under said lessee for the recovery by the said lessor of possession of the hereby demised premises, without any liability on the part of the said attorney, for which this shall be a sufficient warrant, and thereupon a writ of habere facias possessionem may
The appeal is quashed.