67 A.2d 399 | D.C. | 1949
Appellant brought a landlord and tenant action for recovery of possession of a dwelling. Five persons were named as defendants and described as tenants at will. The defendants were not served personally and service was made by leaving a copy of the summons with a person above the age of sixteen years in possession of the premises.
The motion to quash was signed by the same counsel who filed the motion to intervene. They signed both motions as counsel for intervenors. The reporter’s transcript of the hearing on the motion to quash describes these same attorneys as appearing "on behalf of defendants” and those attorneys have filed a brief here as “attorneys for appellees”; but it is plain that at no time did these attorneys represent or claim to represent the persons named as defendants.
We are immediately faced with the question of the right of a stranger to an action, not permitted to intervene therein, to move to quash service on the named defendants. It is a general rule, with limited
It is apparent from the record before us that appellant and the movants both claim title to the real estate which is the subject of the possessory action and it is equally clear that the trial court has no power to decide that question of ownership.
In holding that the order quashing service must be reversed, we do not pass upon the validity of the service. We hold only that the service may not be quashed on motion of persons who are not parties to the action and who have been refused the right to intervene.
The order quashing service is reversed.
Code 1940, § 11—736.
Hollowell v. Joe K. Exall & Co., 173 Ky. 422, 191 S.W. 123; Trew v. Standard Supply & Hardware Co., La.App., 33 So.2d 426; In re Roberts’ Estate, 102 Mont. 240, 58 P.2d 495; Kopit v. Zilberszmidt, Sup., 35 N.Y.S.2d 558; 50 C.J., Process, § 319.
Howell v. Atlantic Coast Line R. Co., 79 S.C. 493, 60 S.E. 1114; United States Bank v. City of Kendall, C.C.Kan., 179 F. 914; Difani v. Riverside County Oil Co., 201 Cal. 210, 256 P. 210.
Duvall v. Southern Municipal Corporation, D.C.Mun.App., 63 A.2d 336.