Dowling v. Buckley
Court of Appeals for the D.C. Circuit
Hearing on an appeal by the defendant from an order of the Supreme Court of the District of Columbia dismissing his appeal from a justice of the peace. The Court in the opinion stated the facts as follows: It appears that heretofore the appellee, Thomas W. Buckley, brought suit before a justice of the peace to recover certain premises occupied by appellant, Albert Dowling, and located in the city of Washington, District of Columbia.
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Hearing on an appeal by the defendant from an order of the Supreme Court of the District of Columbia dismissing his appeal from a justice of the peace. The Court in the opinion stated the facts as follows: It appears that heretofore the appellee, Thomas W. Buckley, brought suit before a justice of the peace to recover certain premises occupied by appellant, Albert Dowling, and located in the city of Washington, District of Columbia. Trial was bad and judgment rendered against appellant for possession and costs. From that judgment an appeal was noted to the supreme court of this District For…
1Opinion of the CourtJustice Duell
While several questions were presented on the argument, and are set out in the briefs filed on behalf of the parties, it will be necessary to consider but one. It is this: Will an appeal lie to the supreme court of the District of Columbia where judg*207ment has been rendered by a justice of the peace in such District, in favor of the plaintiff, in an ordinary landlord and tenant case, without the giving of a supersedeas bond ? It is conceded by appellant that the undertaking given in this case is insufficient to act as a supersedeas bond in the light of section 1233 of the District Code [31…
2Cases cited2 opinions
- L. J. Mestier & Co. v. A. Chevalier Pavement Co.Supreme Court of Louisiana · 1902
- Zapp v. MichaelisTexas Supreme Court · 1882
3Cited by3 opinions
- Thelma G. Thompson v. Sylvan MazoCourt of Appeals for the D.C. Circuit · 1970
- Quick v. ParegolDistrict of Columbia Court of Appeals · 1948
- Quick v. ParegolDistrict of Columbia Court of Appeals · 1949