Mann v. Boyts
Court of Appeals for the D.C. Circuit
IIeahixc from a decree of the Supreme Court of the District of Columbia granting a mandatory injunction requiring the removal of a party wall. The Court in the opinion stated the facts as follows: This was a suit in equity to determine the right to build a party wall.
Read the full summary
IIeahixc from a decree of the Supreme Court of the District of Columbia granting a mandatory injunction requiring the removal of a party wall. The Court in the opinion stated the facts as follows: This was a suit in equity to determine the right to build a party wall. The appellant, Isaac T. Vann, defendant below, was the owner of a lot facing west on Sixteenth street between N and O streets, northwest, this city, and appellee, Celia M. R. Boyts, plaintiff below, was the owner of the lot adjoining on the south. The plaintiff having learned that defendant, without her consent, had erected a…
1Opinion of the CourtChief Justice Smith
The points relied on by appellant are four. We shall consider them separately, but not in the order stated by him. First: lie asserts that there is error in the exclusion of certain testimony offered by him for the purpose of showing* that the appellee had erected a party wall on the south line of her property long before he had attempted to construct one on the north line. In view of the conclusion which we have reached on the whole case, it is not necessary to pass upon this.
Second: Was appellee silent when she should have spoken, as appellant charges ? The argument of appellant with…
2Cases cited10 opinions
- Simmons Creek Coal Co. v. DoranSupreme Court of the United States · 1892
- Lynch v. Union Institution for SavingsMassachusetts Supreme Judicial Court · 1893
- Tucker v. HowardMassachusetts Supreme Judicial Court · 1880
- Szathmary v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1913
- Long v. RaganCourt of Appeals of Maryland · 1902
5 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Cappelletti v. AuerbachDistrict Court, District of Columbia · 1949