Legal Opinion

McCoy v. Duehay

Court of Appeals for the D.C. Circuit

Decided April 3, 1922No. 3678PublishedCited by 5 opinions

Aji>peal from the Supreme Court of the District of Columbia. Landlord and tenant proceedings by F. H. Duehay against Miss M. McCoy to recover possession of an apariment. Judgment for landlord, and tenant appeals.

1Opinion of the Court

VAN ORSDEL, Associate Justice.

Appellee filed an affidavit of merit, which in the absence of a sufficient affidavit of defense would entitle him to recover. In the affidavit of defense it was averred, among other things:

“The municipal court did not have any jurisdiction of this action, as the notice was not in accordance with the requirements of the Ball Kent Law [41 Stat. 2083, and a certificate of permission has not been obtained by the plaintiff from the rent commission of the District of Columbia, under the said law certifying that the plaintiff was entitled to possession; that no…

2Cases cited2 opinions

  1. Killgore v. ZinkhanCourt of Appeals for the D.C. Circuit · 1921
  2. Smith v. PyneCourt of Appeals for the D.C. Circuit · 1921

3Cited by5 opinions

  1. Young v. BaughDistrict of Columbia Court of Appeals · 1944
  2. Moncure v. CurryDistrict of Columbia Court of Appeals · 1945
  3. Mee v. Marlyn Apartment Co.District of Columbia Court of Appeals · 1942
  4. Doing v. District of ColumbiaDistrict of Columbia Court of Appeals · 1949
  5. Brown v. FergusonAppellate Division of the Supreme Court of the State of New York · 1954

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