Shapiro v. Press

Citations

• 76 Pa. Super. 250
• 1921 Pa. Super. LEXIS 131

Syllabus

<p>Equity — Equity jurisdiction — Ejectment—Assumpsit — Remedy at law.</p> <p>A plaintiff filed a bill in equity averring that tbe defendants bad failed to rent him a store room in addition to that already leased to him, and that defendants’ workmen, while making repairs, had damaged his property. The prayers of the bill for relief were that the defendants be ordered to increase the depth of the leased premises, pay for the injuries complained of, and that they be enjoined from proceeding by levy and distress to collect the rent under the lease.</p> <p>Held, that the first prayer for relief asked the court to determine the strictly legal rights of parties in possession of land and that the bill, so far as this branch of the case was concerned, was an ejectment bill and that the court was without jurisdiction, upon the facts in the bill averred, to determine the rights of the parties in the proceeding; that the injury sought to be redressed by the second prayer for relief was devoid of any feature which could confer jurisdiction upon a court of equity, and that the third prayer for relief was without merit as the plaintiff had an adequate remedy at law.</p>