Legal Opinion
Newman v. Goddard
Court of Appeals for the D.C. Circuit
Decided March 15, 1898No. 759Published
Hearing on an appeal by the defendant from a judgment under the Seventy-third Rule for want of a sufficient affidavit of defence. The facts are sufficiently stated in the opinion.
1Opinion of the CourtJustice Morris
This is an appeal from a judgment rendered by the Supreme Court of the District of Columbia, under a rule of that court which has been quite frequently before us for construction and application, the Seventy-third Rule, as it is called, which provides for the summary rendition of judgment upon affidavit in actions ex contractu. Although the rule has been repeatedly cited in our reports, it may be proper, in view of the special questions here raised, to quote it again. It is as follows:
“ In any action arising ex contractu, if the plaintiff or his agent shall have filed, at the time of bringing…
2Cases cited4 opinions
- People v. SpaldingNew York Court of Chancery · 1831
- Hadden v. LarnedSupreme Court of Georgia · 1889
- Talbert v. StorumNew York Supreme Court · 1893
- Clark v. SullivanNew York Supreme Court · 1889