(Download) "Simpkins v. Brooks" by District of Columbia Court of Appeals. # Book PDF Kindle ePub Free
eBook details
- Title: Simpkins v. Brooks
- Author : District of Columbia Court of Appeals.
- Release Date : January 05, 1946
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 50 KB
Description
CLAGETT, Associate Judge. Appellant, plaintiff below, sued appellee 'for damages for unlawful eviction' and asked for compensatory and punitive damages. Appellee, defendant below, filed a motion to dismiss on the ground that the complaint failed to state a cause of action. The trial court granted the motion to dismiss. Appellant stood upon his complaint and prosecutes this appeal. Appellee is the landlord of a two-story residence and appellant was formerly the tenant of the first floor of such premises. In December, 1945, the appellee, after serving a notice to quit upon the tenant, filed suit in the Landlord and Tenant Branch of the Municipal Court to recover possession of the part of the premises rented to appellant. In that suit appellee alleged that possession was sought under Section 5 of the District of Columbia Emergency Rent Act 1 on the ground that he desired the premises 'for his immediate and personal use and occupancy as a dwelling.' (Possession was also sought on the ground that $60 of rent was owing, but this ground was not involved in the subsequent proceedings.) After hearing, judgment for possession was awarded appellee with a stay of execution for 30 days conditioned upon the payment of rent.
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