261 F. 1005 | D.C. Cir. | 1919
Margaret R. Marsh on January 7, 1919, instituted an action in the municipal court to recover from William J. Purman possession of' certain premises known as 2635 Garfield street, N. W. She alleged that the defendant was in arrears of rent, and prayed judgment “for the restitution of said premises and costs of this suit.” She secured a judgment for possession and costs. Purman appealed. Marsh filed her affidavit of merit under rule 19 of the Supreme Court;of the District, and asked for judgment. Purman filed an affidavit of defense. The court, holding that his affidavit was not sufficient, gave judgment of restitution against him and for $400 rent due. Purman appeals, and assigns three errors, but they present only two questions, namely: (a) Whether his affidavit of defense raised a question of fact for trial by a jury; and (b) whether Marsh had a right to recover rent in the Supreme Court, in view of the allegations of the complaint in the municipal court.
Purman denies that the appellee ’ was a “bona fide purchaser for her own occupancy.” This presents a question under the so-called Saulsbury Resolution (40 Stat. 593), but, as we have held this reso
The case, therefore, will be remanded, with instructions to the Supreme Court to set aside that part of the judgment relating to the rent, but in all other respects the judgment is affirmed, at the cost of the appellant.
Affirmed.