Nicolopole v. Love
Court of Appeals for the D.C. Circuit
Hearing- on appeal by the defendant from a judgment of the Supreme Court of the District of Columbia entered on motion by the plaintiff for want of sufficient affidavit of defense in an action to recover possession of certain premises. The Court in the opinion stated the facts as follows: This is a landlord and tenant proceeding begun in the municipal court of the District of Columbia; where a judgment was entered in favor of appellee, Thomas B. Love, plaintiff below.
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Hearing- on appeal by the defendant from a judgment of the Supreme Court of the District of Columbia entered on motion by the plaintiff for want of sufficient affidavit of defense in an action to recover possession of certain premises. The Court in the opinion stated the facts as follows: This is a landlord and tenant proceeding begun in the municipal court of the District of Columbia; where a judgment was entered in favor of appellee, Thomas B. Love, plaintiff below. Appeal was taken by defendant Sylvanus A. Nicolopole,, appellant here, to the supreme court of the District. An affidavit of…
1Opinion of the CourtJustice Van Orsdel
The assignments of error are as follows: “(1) In holding the ¡affidavit of plaintiff, filed on March 14, 1912, sufficient under rule 19 of the supreme court of the District of Columbia to entitle plaintiff to judgment for possession, and in rendering judgment for plaintiff for possession; (2) in holding the affidavit of ■defendant filed on March 25, 1912, an insufficient defense to plaintiff’s affidavit under rule 19 of the supreme court of the District of Columbia, and denying defendant’s right to trial by jury; (3) in granting plaintiff’s motion for judgment, filed April 4, 1912; (4) in not…
2Cases cited10 opinions
- Hoffman v. Ætna Fire InsuranceNew York Court of Appeals · 1865
- Dwight v. . Germania Life Ins. Co.New York Court of Appeals · 1886
- White v. . HoytNew York Court of Appeals · 1878
- Atchison, T. & S. F. R. v. MeyersCourt of Appeals for the Seventh Circuit · 1896
- Lowber v. Le RoyThe Superior Court of New York City · 1848
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3Cited by3 opinions
- North American Graphite Corp. v. AllanCourt of Appeals for the D.C. Circuit · 1950
- McDevitt v. Waple & James, Inc.District of Columbia Court of Appeals · 1943
- National Symphony Orchestra Ass'n v. KonevskyDistrict of Columbia Court of Appeals · 1945