MCCOWIN v. MONTGOMERY

No. 37.

44 Pa. D. & C. 2d 787 (1968)

McCowin v. Montgomery

Common Pleas Court of Mercer County, Pennsylvania.

March 29, 1968.


Attorney(s) appearing for the Case

James A. Stranahan, 3rd, for plaintiffs.

Michael J. Wherry, for defendants.


ACKER, J., March 29, 1968.

The matter for decision arises from a preliminary objection to defendant's counterclaim. It is contended that Pennsylvania Rule of Civil Procedure 1031 requires the counterclaim to be stricken in that it does not spring from the same transaction or series of transactions as that from which plaintiffs' complaint arises.

Pa. R. C. P. 1031 permits a defendant to "counterclaim" any cause of action or set-off which he has against the...

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