Griffith v. Davis

Lackawanna County Court of Common Pleas

Griffith v. Davis

70 Pa. D. & C. 100, 1950 Pa. Dist. & Cnty. Dec. LEXIS 313

CourtPennsylvania Court of Common Pleas, Lackawanna County

DecidedMarch 1, 1950

Docketno. 569

StatusPublished

This text of 70 Pa. D. & C. 100 (Griffith v. Davis) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Lackawanna County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Griffith v. Davis, 70 Pa. D. & C. 100, 1950 Pa. Dist. & Cnty. Dec. LEXIS 313 (Pa. Super. Ct. 1950).

Pincite

Opinion

Eagen, J.,

This is an action in ejectment wherein judgment was entered pursuant to an authorization contained in a written lease. Defendants filed a petition to open the judgment and incorporated therein a counterclaim, alleging overpayment of rent. Plaintiff now moves to strike off the counterclaim.

Pa. R. C. P. 1056(a) states that defendant may plead a counterclaim in an action of ejectment which arises from the same transaction or occurrence or series of transactions or occurrences from which the cause of action arose, providing plaintiff joins a claim for or seeks damages. The right of counterclaim is thus narrowly confined and since plaintiff seeks no damages herein, it is not permitted under the rules.

Therefore, March 1, 1950, the counterclaim is stricken off.

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Eagen, J.,

This is an action in ejectment wherein judgment was entered pursuant to an authorization contained in a written lease. Defendants filed a petition to open the judgment and incorporated therein a counterclaim, alleging overpayment of rent. Plaintiff now moves to strike off the counterclaim.

Pa. R. C. P. 1056(a) states that defendant may plead a counterclaim in an action of ejectment which arises from the same transaction or occurrence or series of transactions or occurrences from which the cause of action arose, providing plaintiff joins a claim for or seeks damages. The right of counterclaim is thus narrowly confined and since plaintiff seeks no damages herein, it is not permitted under the rules.

Therefore, March 1, 1950, the counterclaim is stricken off.

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Bluebook (online)

70 Pa. D. & C. 100, 1950 Pa. Dist. & Cnty. Dec. LEXIS 313, Counsel Stack Legal Research, https://law.counselstack.com/opinion/griffith-v-davis-pactcompllackaw-1950.