Legal Opinion

Phillips v. Moore & Hill, Inc.

Court of Appeals for the D.C. Circuit

Decided April 3, 1922No. 3670Published

Appeal from the Supreme Court of the District of Columbia. Action by Moore & Hill, Inc., against R. H. Phillips, to recover possession of a room occupied by defendant as tenant. Judgment for plaintiff, on the ground that the affidavit was insufficient, and defendant appeals.

1Opinion of the Court

SMYTH, Chief Justice.

This appeal involves a contest between a landlord and tenant with relation to the possession of a room in the Maryland Building, Washington. Moore & Hill, Inc., charged in its affidavit of merit that the tenant, Phillips, entered into the possession of the room on the 15th of January, 1919, under a written lease bearing that date, and running for the period of 18 months; that the tenant remained in possession after the expiration of the lease; that due notice was served upon him to vacate, but that he failed to do so.

In his affidavit of defense, Phillips admitted the…

2Cases cited4 opinions

  1. Whelan v. WelchCourt of Appeals for the D.C. Circuit · 1921
  2. Lehker v. JoyceDistrict Court, District of Columbia · 1921
  3. Smith v. PyneCourt of Appeals for the D.C. Circuit · 1921
  4. Hayden v. FilipponeCourt of Appeals for the D.C. Circuit · 1922

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