Williams v. Thomas

CAYTON, Chief Judge.

Plaintiff, Mabel Linton Williams, sued to obtain possession of an apartment, claiming that she was entitled to it for her own immediate use and occupancy as a dwelling.1 Defendant filed a motion to dismiss which was granted, and plaintiff appeals.

No evidence was presented in the trial court. The motion to dismiss was granted on the grounds (1) that plaintiff’s claim was res judicata because of a dismissal of a prior action involving the same premises, and (2) that plaintiff was not a landlord within the meaning of the Rent Act. We must rule that the summary dismissal was…