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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The tenant’s answer did not raise the equitable doctrine against forfeitures as a defense to the summary-process action but instead sought by way of a counterclaim the “denial of the summary process action on equitable grounds.” The doctrine against forfeiture was, however, considered in principle by the trial court and briefed by the tenant. The tenant thus raised the issue below sufficiently for us to consider it upon review, particularly in light of the doctrine that once any equitable claim has been raised, the court retains its equitable jurisdiction to consider all of the equities before it in order to render complete justice; Natural Harmony, Inc. v. Norman, 211 Conn. 145, 149, 558 *65A.2d 231 (1989); McGaffin v. Roberts, 193 Conn. 393, 404, 479 A.2d 176 (1984), cert. denied, 470 U.S. 1050, 105 S. Ct. 1747, 84 L. Ed. 2d 813 (1985); Clipfel v. Kantrowitz, 143 Conn. 184, 188, 120 A.2d 416 (1956); Beardsley v. Halls, 1 Root 366 (1792); even where the equitable jurisdiction was conferred by a defendant’s counterclaim. Seymour Water Co. v. Horischak, 149 Conn. 435, 442, 181 A.2d 112 (1962). IY

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