181 Pa. 549 | Pa. | 1897
Opinion by
The plaintiff in this action of ejectment leased two hotel, properties to W. P. Jackson, one of tire defendants, for nine months from April 1, 1891, with an agreement that if tile lessee held over after the expiration of the term he should become a tenant £ró,ia- year to,year. J. G. Lawson, another of. tbe de~
We have then a judgment entered against three defendants on a warrant of attorney signed by one of them only. The only ground on which it is attempted to sustain tbe judgment against Lawson is that be was a subtenant and bound by tbe terms of tbe lease. It is true that if he was a subtenant be was subject to tbe terms- of tbe lease between bis lessor and tbe owner, and be could have been ejected by proceedings on a judgment entered against Jackson. -There was full authority for entering a judgment against Jackson, and its enforcer, ment would have turned out of possession every one claiming under him, but we find no' authority for entering a judgment against Lawson. He bad not signed the warrant of attorney, and bis coming in as a subtenant gave no one authority to confess judgment against .him. A judgment by confession must be self-sustaining on tbe record, and as -there is nothing on this record to sustain a judgment "against Lawáon the rule to strike it off should have been made absolute.
'' Tbe order of the court of December 8, 1894, is reversed, and tbe rule to show cause why tbe judgment entered against J. G-; Lawson should not be struck off is made -absolute.