The sustaining of a motion to dismiss a petition for an injunction, by a Court of Common Pleas, on the ground that the issues presented are res judicata, is error, where no pleading other than the petition has been filed and no evidence has been introduced at the hearing on the application for a temporary injunction or on the motion.
In an action to enjoin the enforcement of a judgment of restitution and eviction rendered in a forcible entry and detainer proceeding, neither a judgment in a former action by plaintiff to enjoin a threatened eviction from premises held under lease with defendant owners, in which injunctive relief was denied on the ground plaintiff had an adequate remedy at law, nor the judgment of a justice of the peace in the forcible entry and detainer proceeding, constitutes the basis of a defense of res judicata.
A petition in an action by a lessee in possession of real estate, under a written lease, seeking to enjoin the lessor from enforcing against the lessee a judgment of restitution and eviction in an action in forcible entry and detainer in a justice of the peace court, states a cause of action for injunction and quieting of title, where such petition alleges facts showing that no forfeiture was provided for by the terms of the lease and that the judgment, necessarily based on forfeiture of the lease, was unauthorized in that it was rendered before expiration of the term of the lease.
