53 A.2d 287 | D.C. | 1947
Defendant, against whom a judgment was rendered in the Small Claims and Conciliation Branch of the Municipal Court, has applied to this court for allowance of an appeal. Under the statute there is no right of appeal from judgments of the Small Claims Branch but an appeal is allowed on application if any one judge of this court is of the opinion that it should be allowed. Code 1940, (Supp. V) 11— 772(a).
The instant application shows that the judgment rendered was for a balance claimed by plaintiff on labor and material furnished defendant. The ground for ap
The prescribed form of application properly states that the grounds shall be stated as simply and as specifically as possible, but it must be read in conjunction with the requirement of Rule 28 that there be a sufficient recital of the proceedings and evidence to present to us the ruling sought to be reviewed.
The application now under consideration contains nothing more than the bald assertion that the evidence did not warrant the finding. Even a motion for a new trial, addressed to the judge who heard the case, should be more informative. To us, who have no knowledge of the evidence presented at the trial, the assertion is meaningless.
Application denied.
The same procedure is provided in criminal eases where the penalty imposed is less than $50.
A party not represented by counsel is, by virtue of the statute, entitled to the assistance of the clerk in preparing the application. The present application, however, is signed by counsel.