Heitmuller v. Stokes, No. 279

CourtUnited States Supreme Court
Writing for the CourtDAY
Citation41 S.Ct. 522,256 U.S. 359,65 L.Ed. 990
PartiesHEITMULLER v. STOKES
Docket NumberNo. 279
Decision Date16 May 1921

256 U.S. 359
41 S.Ct. 522
65 L.Ed. 990
HEITMULLER

v.

STOKES.

No. 279.
Argued April 21 and 22, 1921.
Decided May 16, 1921.

Page 360

Mr. Chapin Brown, of Washington, D. C., for plaintiff in error.

Mr. Wharton E. Laster, of Washington, D. C., for defendant in error.

Mr. Justice DAY delivered the opinion of the Court.

Sylvanus Stokes brought suit in the municipal court of the District of Columbia to recover from Anna Heitmuller possession of premises No. 1505 Twenty-Second street, Northwest, in the city of Washington, D. C. Stokes claimed to be the purchaser of the premises, and the action was brought against Anna Heitmuller as tenant thereof. Trial was had in the municipal court, and judgment rendered in favor of the defendant. Stokes appealed to the Supreme Court of the District of Columbia, and filed an affidavit after the docketing of the appeal as required by rule 19 of that court. Defendant filed an affidavit setting forth grounds of defense. The Supreme Court entered judgment for the plaintiff, Stokes, upon the ground that the defense as set forth by the defendant was insufficient to defeat the plaintiff's recovery. The case was taken to the Court of Appeals of the District of Columbia, where the judgment of the Supreme Court was affirmed. 49 App. D. C. 391, 266 Fed. 1011. A writ of error brings the case to this court.

The errors assigned raise constitutional questions as to the validity of the so-called Saulsbury Resolution (40 Stat. 593), and of rule 19 of the Supreme Court of the District of Columbia. Other errors, not necessary to notice, are also assigned.

Page 361

The judgment of the Court of Appeals of the District, affirming that of the Supreme Court, was rendered on January 5, 1920, and on January 15, 1920, a writ of error was allowed bringing the case to this court. On February 5, 1920, Stokes, appellee in the Court of Appeals, and defendant in error here, filed a motion to dismiss the writ of error upon the ground that he had sold and conveyed the real estate, the possession of which was the subject-matter in dispute, and had no further interest in the cause, except to recover costs and rental due because of the wrongful detention of the property, and upon the further ground that no appeal bond had been filed by the appellant. The Court of Appeals denied the motion. After the allowance of the writ of error, the cause had passed beyond the jurisdiction of that court.

In this court the defendant in error, Stokes,...

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72 practice notes
  • Alton & So. Ry. Co. v. International Ass'n of Mach. & AW, No. 24217.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (District of Columbia)
    • April 11, 1972
    ...ed. Feb. 3, 1971): "Emergency Public Interest Protection Act." This report was called for by Public Law 91-541. 19 Heitmuller v. Stokes, 256 U.S. 359, 362, 41 S.Ct. 522, 65 L.Ed. 990 (1921); Wingert v. First National Bank, 223 U.S. 670, 672, 32 S.Ct. 391, 56 L.Ed. 605 20 Chicago & N. W. Ry.......
  • Ward v. Arkansas State Police, No. LR-C-77-256.
    • United States
    • United States District Courts. 8th Circuit. United States State District Court of Eastern District of Arkansas
    • July 29, 1980
    ...197 (1966) (Fortas, J., dissenting) ("controversy as to costs alone does not salvage an otherwise moot case"); Heitmuller v. Stokes, 256 U.S. 359, 361-62, 41 S.Ct. 522, 65 L.Ed. 990 (1921) (same). Any other rule would largely nullify the mootness doctrine with respect to cases brought under......
  • DeFunis v. Odegaard, No. 42198
    • United States
    • United States State Supreme Court of Washington
    • December 12, 1974
    ...S.Ct. 332, 63 L.Ed. 687 (1919); Commercial Cable Co. v. Burleson, 250 U.S. 360, 39 S.Ct. 512, 63 L.Ed. 1030 (1919); Heitmuller v. Stokes, 256 U.S. 359, 41 S.Ct. 522, 65 L.Ed. 990 (1921); and, (2) whenever mere dismissal of the appeal would leave a lower appellate determination still in forc......
  • Boggess v. Berry Corporation, No. 14853.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (9th Circuit)
    • May 2, 1956
    ...court will dismiss the appeal as moot. Brownlow v. Schwartz, 1923, 261 U.S. 216, 43 S.Ct. 263, 67 L.Ed. 620; Heitmuller v. Stokes, 1921, 256 U.S. 359, 41 S.Ct. 522, 65 L.Ed. 990; United 233 F.2d 391 States v. Hamburg-Amerikanische Packet-Fahrt-Actien Gesellschaft, 1916, 239 U.S. 466, 36 S.C......
  • Request a trial to view additional results
72 cases
  • Alton & So. Ry. Co. v. International Ass'n of Mach. & AW, No. 24217.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (District of Columbia)
    • April 11, 1972
    ...ed. Feb. 3, 1971): "Emergency Public Interest Protection Act." This report was called for by Public Law 91-541. 19 Heitmuller v. Stokes, 256 U.S. 359, 362, 41 S.Ct. 522, 65 L.Ed. 990 (1921); Wingert v. First National Bank, 223 U.S. 670, 672, 32 S.Ct. 391, 56 L.Ed. 605 20 Chicago & N. W. Ry.......
  • Ward v. Arkansas State Police, No. LR-C-77-256.
    • United States
    • United States District Courts. 8th Circuit. United States State District Court of Eastern District of Arkansas
    • July 29, 1980
    ...197 (1966) (Fortas, J., dissenting) ("controversy as to costs alone does not salvage an otherwise moot case"); Heitmuller v. Stokes, 256 U.S. 359, 361-62, 41 S.Ct. 522, 65 L.Ed. 990 (1921) (same). Any other rule would largely nullify the mootness doctrine with respect to cases brought under......
  • DeFunis v. Odegaard, No. 42198
    • United States
    • United States State Supreme Court of Washington
    • December 12, 1974
    ...S.Ct. 332, 63 L.Ed. 687 (1919); Commercial Cable Co. v. Burleson, 250 U.S. 360, 39 S.Ct. 512, 63 L.Ed. 1030 (1919); Heitmuller v. Stokes, 256 U.S. 359, 41 S.Ct. 522, 65 L.Ed. 990 (1921); and, (2) whenever mere dismissal of the appeal would leave a lower appellate determination still in forc......
  • Boggess v. Berry Corporation, No. 14853.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (9th Circuit)
    • May 2, 1956
    ...court will dismiss the appeal as moot. Brownlow v. Schwartz, 1923, 261 U.S. 216, 43 S.Ct. 263, 67 L.Ed. 620; Heitmuller v. Stokes, 1921, 256 U.S. 359, 41 S.Ct. 522, 65 L.Ed. 990; United 233 F.2d 391 States v. Hamburg-Amerikanische Packet-Fahrt-Actien Gesellschaft, 1916, 239 U.S. 466, 36 S.C......
  • Request a trial to view additional results

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