Fellows v. Martin, 217 Conn. 57 (1991)

Citation: Fellows v. Martin, 217 Conn. 57 (1991)
Parent Document: Fellows v. Martin, 217 Conn. 57 (1991)
Jurisdiction: Connecticut (state)
Effective Date: 1991-01-01
Original Source: https://www.courtlistener.com/opinion/7894295/fellows-v-martin/ ↗

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As a threshold matter, we must decide whether the tenant was entitled to raise an equitable defense or counterclaim in a summary process action. We last considered this issue forty-five years ago in Atlantic Refining Co. v. O’Keefe, 131 Conn. 528, 531, 41 A.2d 109 (1945), when we held that neither equitable nor legal counterclaims were available in summary process actions.* **5 When Atlantic Refining Co. was decided, however, summary process actions were still decided by justices of the peace in the “justice courts,” which did not have jurisdiction over equitable issues.6 Giering v. *61Hartford Theological Seminary, 86 Conn. 208, 212, 84 A. 930 (1912). Summary process defendants at that time could not, therefore, raise equitable defenses, but could and did bring separate actions in equity to enjoin the prosecution of summary process actions.* *7

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