Legal Opinion

Harding v. Westcott

Court of Appeals for the D.C. Circuit

Decided January 2, 1917No. 2933Published

Hearing on. an appeal by tbe defendant from a judgment, of the Supreme Court of the District of Columbia on an appeal from the Municipal Court in an action by a landlord against his tenant for rent. The Court in the opinion stated the facts as follows: Appellee, Horace H. Westcott, plaintiff below, sued out ■ a writ of attachment against appellant Ella Harding in the municipal court of the District of Columbia to recover the sum of $50 for rent alleged to be due and unpaid.

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Hearing on. an appeal by tbe defendant from a judgment, of the Supreme Court of the District of Columbia on an appeal from the Municipal Court in an action by a landlord against his tenant for rent. The Court in the opinion stated the facts as follows: Appellee, Horace H. Westcott, plaintiff below, sued out ■ a writ of attachment against appellant Ella Harding in the municipal court of the District of Columbia to recover the sum of $50 for rent alleged to be due and unpaid. Defendant answered that she was not indebted, but that the lease was made on behalf of Ella Harding, Incorporated, a New…

1Opinion of the CourtJustice Van Orsdel

It is unnecessary to pass upon the validity or regularity of the proceedings in the municipal court, since the court had jurisdiction of the subject-matter, and appellant Harding, by prosecuting an appeal from the judgment, submitted herself to the jurisdiction of the appellate court, regardless of her contention that the municipal court, by sustaining plaintiff’s motion and entering judgment against the corporation, dismissed the case as to her. It was a judgment against her individually from which she appealed. The municipal court concededly had jurisdiction of the subject-matter of the…

2Cases cited6 opinions

  1. St. Louis & San Francisco Railway Co. v. McBrideSupreme Court of the United States · 1891
  2. Witting v. St. Louis & San Francisco Railway Co.Supreme Court of Missouri · 1890
  3. Fitterling v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1883
  4. Frazier v. DouglassSupreme Court of Kansas · 1897
  5. Flannery v. TrainorColorado Court of Appeals · 1899

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