Jordan v. Landram
District of Columbia Court of Appeals
Hearing on an appeal by the plaintiff from a judgment of the Supreme Court of the District of Columbia, overruling a demurrer to a plea to a declaration, and the plaintiff electing not to amend, dismissing the action.
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Hearing on an appeal by the plaintiff from a judgment of the Supreme Court of the District of Columbia, overruling a demurrer to a plea to a declaration, and the plaintiff electing not to amend, dismissing the action. The Court in the opinion stated the facts as follows: Gabriella K. Jordan filed the declaration in this case against the appellees, Charles S. Landram and John A. Broaddus, as executors of Constance 3L Vertner, to recover the aggregate sum of $4,080 under a promise made by the testatrix, on May 3d, 1900, to pay her the sum of $40 per month - during her life, the payment of which…
1Opinion of the CourtChief Justice Shepard
Objection has been taken to the plea to the jurisdiction for want of particularity. In our opinion it alleges the necessary facts, and is sufficiently certain. The facts substantially appear in the declaration itself.
The jurisdiction is sought to be maintained by virtue of the provisions of secs. 105 and 445 [31 Stat. at L. 1206, 1258, chap. 854] of the Code.
The function of sec. 105 is to substitute summons by publication for personal service where necessary in certain suits and actions in the nature of proceedings in rem, in which are included attachments.
This action is in debt, and the only…
2Cases cited6 opinions
- In re HurdNew York Supreme Court · 1833
- Connelly v. LercheSupreme Court of New Jersey · 1893
- Ford v. NewcomerSupreme Court of Louisiana · 1859
- Hemingway v. MooreSupreme Court of Alabama · 1847
- Jackson ex dem. Murray v. WalsworthNew York Supreme Court · 1800
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Fishel v. KiteCourt of Appeals for the D.C. Circuit · 1938