Riley v. Mattingly
District of Columbia Court of Appeals
Hearing on an appeal by the defendant from a judgment for plaintiffs in the Supreme Court of the District of Columbia, under the 73d rule, for want of sufficient affidavit of defense.
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Hearing on an appeal by the defendant from a judgment for plaintiffs in the Supreme Court of the District of Columbia, under the 73d rule, for want of sufficient affidavit of defense. The Court in the opinion stated the facts as follows: Appeal from a judgment for the plaintiff's, William F. Mat-tingly and Walter C. Clephane, appellees here, in the supreme court of the District under the 73d rule, the declaration containing the general counts and, as a part thereof, a count upon an account stated. The account filed with the declaration, under the head of particulars of demand, contained a…
1Opinion of the CourtJustice Robb
Inasmuch as the effect of the enforcement of the 73d rule is to deprive the defendant of a trial on the merits, the plaintiff’s affidavit must be direct and unequivocal. St. Clair v. Conlon, 12 App. D. C. 163. The affidavit of defense, however, is sufficient to prevent the entry of summary judgment if, taken as a whole, it convinces the court that it was made in good faith and presents substantial reasons why the rule ought not to be enforced. Codington v. Standard Bank, 40 App. D. C. 409. Tested by these rules, did the court err in entering judgment in the present case ?
An account rendered,…
2Cases cited6 opinions
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- Wiggins v. BurkhamSupreme Court of the United States · 1870
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- Rehill v. McTagueSupreme Court of Pennsylvania · 1886
- Louisville Banking Co. v. AsherCourt of Appeals of Kentucky · 1901
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