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4 Yeates 522

Stroup v. M'Clure

Supreme Court of Pennsylvania

Decided July 15, 1808

Supreme Court of Pennsylvania · decided 1808-07-15

WRIT of error to the Common Pleas of Cumberland county, to remove certain proceedings had before two justices of the peace, under the landlord and tenant act, and affirmed after-wards in that court upon a certiorari. It appeared by the record returned, that the warrant of the justices was in these words : Cumberland County, ss.

Decided 1808-07-15

¶1The chief justice delivered the opinion of the court in few words on the exceptions taken:

¶21. The jury might either find the lease or deed in hcec verba, or the substance of them; but the justices were not bound to return the lease or deed to the court.

¶32. If even the five days between the date of the warrant and its return were improper, it is cured by the tenant’s appearance and willingness to proceed to trial in this instance.

¶43. The tenant made a full defence before the jury.

¶54. The record pursues the terms of the act of assembly and is conformable to established precedents. The. justices have *525expressed their full concurrence with the finding of the jury, and are never sworn in such case.

¶6Judgment of the Common Pleas affirmed.

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