Pulliam v. Capital Traction Co.
Court of Appeals for the D.C. Circuit
Hearing on an appeal by the defendant from a summary-judgment of the Supreme Court of the District of Columbia in. a landlord and tenant proceeding, for want of a sufficient affidavit of defense..
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Hearing on an appeal by the defendant from a summary-judgment of the Supreme Court of the District of Columbia in. a landlord and tenant proceeding, for want of a sufficient affidavit of defense.. The Court in the opinion stated the facts as follows: This suit was instituted by appellee, the Capital Traction* Company, under the landlord and tenant act, to secure possession of certain premises alleged in the affidavit to have been rented to appellant, Norman L. Pulliam, by the month as a. tenant by sufferance. The appellant filed an affidavit of defense in which he denied the existence of the…
1Opinion of the CourtJustice Van Orsdel
The sufficiency of the affidavit of defense is the sole question: presented. It will be observed that the affidavit states no facts which tend in the least to enlighten the court as to appellant’s, right to defeat the claim of appellee. The affidavit is contradictory and evasive. Appellant first denies that he ever rented the property as specifically described; then denies that he rented the property at the rate set forth in appellee’s affidavit. He follows with a denial that he unlawfully holds possession of the property described, and then denies the sufficiency of the notice to quit the…
2Cases cited3 opinions
- Felton v. MillardCalifornia Supreme Court · 1889
- Bond v. ChapmanWashington Supreme Court · 1904
- Cummings v. WintersNebraska Supreme Court · 1886