counter claim (Pennsylvania) · Go Syfert
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counter claim in Pennsylvania

7 Pennsylvania opinions name it 5 courts 1928–2001 0 in the last five years

The cases below were cited by Pennsylvania courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (0)

CaseFollowedCited
No positive-treatment citations attached to this issue in Pennsylvania.

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Pennsylvania. Read the followed side critically anyway.

Also cited on this issue (8)

CaseCitedYears
Household Consumer Discount Co. v. Vespaziani green
pa · 1980
2 sentences

2001Household Consumer Discount Co. v. Vespaziani, 490 Pa. 209 , 415 A.2d 689 (1980).

2001Household Consumer Discount Co. v. Vespaziani, 490 Pa. 209 , 415 A.2d 689 (1980).

12001–2001
Barber v. Harleysville Mutual Insurance green
pasuperct · 1982
2 sentences

1998Barber, 450 A.2d at 720 .

1998Barber, 450 A.2d at 720 .

11998–1998
Russell v. Miller neutral
· 1867
1 sentence

1940In Russell v. Miller, 54 Pa. 154, 164 , it was said: “A debt or the damages which can be set off as an independent counter claim must be such as a jury can find and liquidate in the ordinary way just as if the defendant were a plaintiff suing in debt, assumpsit or covenant.” Accordingly, in Commonwealth Trust Company of Pittsburgh’s Appeal, 324 Pa. 161 , it was held that one could not set off against his mortgage indebtedness to the trustee of funds invested in a mortgage pool the value of his own share in that pool as the beneficiary of an estate which held a participating interest therein.

11940–1940
Commonwealth Trust Company of Pittsburgh's Appeal green
pa · 1936
1 sentence

1940In Russell v. Miller, 54 Pa. 154, 164 , it was said: “A debt or the damages which can be set off as an independent counter claim must be such as a jury can find and liquidate in the ordinary way just as if the defendant were a plaintiff suing in debt, assumpsit or covenant.” Accordingly, in Commonwealth Trust Company of Pittsburgh’s Appeal, 324 Pa. 161 , it was held that one could not set off against his mortgage indebtedness to the trustee of funds invested in a mortgage pool the value of his own share in that pool as the beneficiary of an estate which held a participating interest therein.

11940–1940
Severance v. Heyl & Patterson green
pasuperct · 1934
2 sentences

1936On appeal to this court the judgment was reversed for certain trial errors and a new trial awarded ( 115 Pa. Superior Ct. 36 , 174 A. 787 ).

1936On appeal to this court the judgment was reversed for certain trial errors and a new trial awarded ( 115 Pa. Superior Ct. 36 , 174 A. 787 ).

11936–1936
Drumgoole v. Lyle green
pasuperct · 1906
1 sentence

1935It was well said by Judge Henderson, speaking for the court in Drumgoole v. Lyle, 30 Pa. Superior Ct. 463 : “The Act of April 19, 1901, P. L. 88, does not except from its operation any action of replevin distinguishable from others because of the particular facts out of which it arises. . . .

11935–1935
Riling v. Idell green
pa · 1927
1 sentence

1935“By such practice an appropriate judgment may then be entered, thus relieving the parties from the necessity of presenting evidence at the trial in so far as the demand of the defendant is held to be legally unsustainable”: Riling v. Idell et al., 291 Pa. 472 .

11935–1935
Heller v. Fabel green
pa · 1927
2 sentences

1928Such a claim — and, therefore, a counter claim — may be made against a decedent’s estate: Heller et al., Exrs., v. Fabel, Exrx., 290 Pa. 43 .

1928Such a claim — and, therefore, a counter claim — may be made against a decedent’s estate: Heller et al., Exrs., v. Fabel, Exrx., 290 Pa. 43 .

11928–1928

Where else courts name it

TX 37 (1881–2026) NY 23 (1858–2024) CT 12 (1990–2025) OR 10 (1896–2024) MD 9 (1894–2024) FL 8 (1927–1991) IN 7 (1861–2009) CA 7 (1864–2016) PA 7 (1928–2001) MO 6 (1868–1979) NC 5 (1886–1963) NE 5 (1877–2023) MS 5 (1973–2022) AL 4 (1846–1981) IL 4 (1895–1999) OK 4 (1899–2007) CO 4 (1883–1957) KS 4 (1913–1982) GA 4 (1965–1988) IA 4 (1871–1905) WI 3 (1882–1902) DC 3 (1976–2021) MA 3 (1905–2025) OH 3 (2008–2019) SD 3 (1890–1914) MI 3 (1921–2020) SC 3 (1878–1978) WV 3 (1911–1991) RI 2 (1891–1919) KY 2 (1926–1948) NJ 2 (1963–1971) TN 2 (1988–1993) MN 2 (1865–2002)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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