GRIFFITH v. DAVIS ET AL.


70 Pa. D. & C. 100 (1950)

Griffith v. Davis et al.

Common Pleas Court of Lackawanna County, Pennsylvania.

March 1, 1950.


Attorney(s) appearing for the Case

Wallace G. Moser, for plaintiff.

Henry M. Biglin, for defendants.


EAGEN, J., March 1, 1950.

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...

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