Woods v. Stewart

HUTCHESON, Circuit Judge.

The suit was for restitution to the tenant of $27.22 rent overcharges and for $54.44 as statutory damages. There was a request in ten numbered paragraphs for admissions of fact, a denial by defendant seriatim, but not under oath, of the ten numbered paragraphs in the request for admission, and an answer to the petition denying that there were overcharges, and, pleading in the alternative, that if there were, they were not willful.

When the case was called for trial on the merits, plaintiff appeared by counsel, defendant in person and by counsel. Plaintiff’s counsel…