Legal Opinion · Dissent

1915 16TH ST. CO-OP. ASS'N v. Pinkett

District of Columbia Court of Appeals

Decided December 14, 1951No. 1090Published

1Dissent

HOOD, Associate. Judge

(dissenting).

I joined in the original opinion in this case, 'but on further study I 'have concluded that such opinion was erroneous. I am now convinced that the Landlord and Tenant Branch of the Municipal Court had no-jurisdiction to render a judgment for possession of the apartment.

The statute, Code 1940, § 11-735, provides summary remedy for possession of real-estate in a definitely limited class of cases. Aside from cases arising after sale under deed of trust or foreclosure of mortgage and cases of forcible entry and detainer (and obviously the present case falls in…

2Cases cited4 opinions

  1. Hicks v. BigelowDistrict of Columbia Court of Appeals · 1947
  2. Estate of PittsCalifornia Supreme Court · 1933
  3. 542 Morris Park Ave. Corp. v. WilkinsAppellate Terms of the Supreme Court of New York · 1922
  4. Wardman Const. Co. v. FlynnCourt of Appeals for the D.C. Circuit · 1931

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