Byrne v. Morrison
Court of Appeals for the D.C. Circuit
Hearing on an appeal by tbe defendant from a judgment of tbe Supreme Court of the District of Columbia on an appeal from a justice of the peace in a landlord and tenant proceeding..
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Hearing on an appeal by tbe defendant from a judgment of tbe Supreme Court of the District of Columbia on an appeal from a justice of the peace in a landlord and tenant proceeding.. The Court in the opinion stated the case as follows: 1. Robert M. Morrison, claiming the right of possession of premises 503 B street S. E., in the city of Washington, filed his complaint in the justice’s court under sec. 20, D. C. Code, on November 25, 1903, to recover possession of said premises of Ada Y. Byrne. It was alleged that defendant had heretofore occupied the premises as complainant’s tenant from month…
1Opinion of the CourtChief Justice Shepard
2. We perceive no substantial objection to the notice to quit. *75It does not specify the day of the termination of the lease, a fact .not required, and one presumably as well known to the defendant as to the complainant. It was dated October 23, 1903, and •served the full thirty days before the end of the term, as re-squired. Code, sec. 1219.
3. It is true that the receipt of rent by a landlord, after notice to quit, of rent for a new term or part thereof, amounts to a waiver of his right to demand possession under that notice. 2 Taylor, Land & T. § 485; Collins v. Canty, 6 Cush. 415; Croft v.…
2Cited by16 opinions
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- Shapiro v. ChristopherCourt of Appeals for the D.C. Circuit · 1952
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