HANSEL v. HANSEL


268 Pa.Super. 181 (1979)

407 A.2d 890

Robert F. HANSEL, Jr., Administrator d/b/n/c/t/a of the Estate of Robert F. Hansel, Sr., Deceased, Appellant, v. Girard HANSEL and Leon Hansel, as Co-Executors under Will of Stephan R. Hansel, Deceased, and Helen E. Hansel, Individually.

Superior Court of Pennsylvania.

Decided July 25, 1979.

Petition for Allowance of Appeal Granted December 26, 1979.


Attorney(s) appearing for the Case

Joseph Colavecchi, Clearfield, for appellant.

James A. Naddeo, Clearfield, for appellees.

Before CERCONE, President Judge, and WIEAND and HOFFMAN, JJ.


WIEAND, Judge:

In this equity action the trial court concluded that an alleged cause of action was barred by laches and sustained preliminary objections in the nature of a demurrer to the complaint. Appellant contends that this was error. We agree and reverse.

Laches means undue delay. Under Pa.R.C.P.No. 1030, laches is an affirmative defense which must be set forth in a responsive pleading under the heading of "New Matter." Sanctis v. Lagerbusch, ...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases