77 Pa. Super. 483 | Pa. Super. Ct. | 1921
Opinion by
This appeal is from an order refusing to strike off a judgment in ejectment entered in an amicable action by a landlord against his tenant and to set aside a writ of habere facias possessionem. The judgment was entered upon a record consisting of an agreement for amicable action in ejectment, an affidavit that defendant was not in the military or naval service of the United States or of the State of Pennsylvania, a copy of the notice to vacate the premises and surrender possession served by the landlord upon the tenant, an affidavit of service of such notice, together with a copy of the lease under which the tenant was in possession. The lease contained a warrant authorizing the entry of such judgment upon the lessee’s failure to comply with the covenants, terms and conditions of the lease. The record shows that the landlord served due notice upon the tenant terminating the lease June 1,1921, in accordance with its provisions and demanding the surrender of the premises upon that date, and that the tenant had declined to comply.
The judgment appears to be regular on its face and no irregularity is suggested. The court below was therefore bound to discharge defendant’s rule to strike off the judgment and to set aside the writ of hab. fa. “No court has power to strike off a judgment regular on its face”: Breden v. Gilliland, 67 Pa. 34. As the lease also contained a provision that the “lessee hereby releases to lessor all errors and defects whatsoever in entering such action or judgment, or causing such writ of habere facias possessionem to be issued, or in any proceeding thereon or
The order appealed from is affirmed.