McMichael v. McFalls

Citations

• 23 Pa. Super. 256
• 1903 Pa. Super. LEXIS 49

Syllabus

<p>Landlord and tenant — Bond—Set-off—Res adjudícala — Act of April 3, 1830, F. L. 187.</p> <p>In an action upon a bond given by a tenant to a landlord on an appeal from a judgment of a justice of the peace secured by the landlord under the Act of April 3, 1830, P. L. 187, by which he is awarded possession of the leased premises, the tenant may setoff counterclaims against the rent demanded, inasmuch as no such set-off could have been claimed in the proceedings before the magistrate, which were merely for the possession of the property. In such a case the judgment of the common pleas affirming the judgment of the justice is not res adjudicata as to the matters of set-off.</p>