Killgore v. Zinkhan
| Decision Date | 06 June 1921 |
| Docket Number | 3414. |
| Parties | KILLGORE v. ZINKHAN. |
| Court | U.S. Court of Appeals — District of Columbia Circuit |
Submitted February 7, 1921.
Appeal from the Supreme Court of the District of Columbia.
R. B Dickey and Robt. T. Lang, both of Washington, D.C., for appellant.
Andrew Wilson, of Washington, D.C., for appellee.
This is a landlord and tenant case. Zinkhan brought action in the municipal court against Killgore to recover possession of certain real estate. Objection having been made to the court's proceeding until the rent commission, provided for under the Act of October 22, 1919 (41 Stat. 298), known as the 'Ball Act,' had passed upon the question as to whether Zinkhan was entitled to possession, the case was continued to await the commission's determination. The commission ruled in favor of Zinkhan, and from its action no appeal was taken. Afterwards the case was called for trial before the municipal court, and the decision of the commission offered and received in evidence. Basing its action on the decision of the commission, the court rendered judgment for Zinkhan. From this judgment Killgore appealed to the Supreme Court of the District, where Zinkhan, in accordance with rule 19 of that court, filed an affidavit of merit setting forth, as we have given them, the proceedings before the municipal court, and asking for judgment. To this Killgore interposed her affidavit of defense, in which she averred that the notice to quit served on her was defective that the provision of the Ball Act making the findings of the commission obligatory upon the court was unconstitutional and void, and that there was no trial before the municipal court because it refused to consider any of the questions raised by her and based its judgment wholly and exclusively on the determination of the commission. The court held the affidavit insufficient and gave judgment for the landlord, Zinkhan from which Killgore appeals.
According to the Ball Act the determination of the commission is made 'final and conclusive' unless an appeal to this court is taken within 10 days after the filing of the determination. Section 108. We have seen that Killgore did not appeal from the commission's determination. Section 106 says:
'In any suit in any court of the United States or the District of Columbia involving any question arising out of the relation of landlord and tenant with respect to any rental property, apartment, or hotel, except on appeal from the commission's determination as provided in this title, such court shall determine the rights and duties of the parties in accordance with the determination and regulations of the commission relevant thereto.'
This was obeyed by the trial...
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Porter v. Gardner
...if objection is made, it must await the decision of the Rent Commission. Two of those cases are Killgore v. Zinkham, . . . App. D.C. . . ., 274 F. 140, and Smith v. Pyne, . . . App. D.C. . ., 274 F. 142. In other words, that where the defendant insists upon it, the only evidence which the c......
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McCoy v. Duehay
...the municipal court is suspended pending the determination of the case by the rent commission. Killgore v. Zinkhan, . . . App. D.C. . . ., 274 F. 140; Smith v. Pyne al., . . . App. D.C. . . ., 274 F. 142. In Smith v. Pyne, supra, the plaintiff by plea and affidavit of defense set out a proc......
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Seymour v. Terrell, 3742.
...complaint, the determination of the commission, under the provisions of the Ball Act, became 'final and conclusive' (Killgore v. Zinkhan, 274 F. 140, 51 App.D.C. . . Davis v. Cooksey, 274 F. 143, 51 App.D.C. . . .), and the owner, therefore, was within her rights in instituting possessory p......