Price v. Wilson
| Decision Date | 29 March 1943 |
| Docket Number | No. 49.,49. |
| Citation | 32 A.2d 109 |
| Parties | PRICE v. WILSON et al. |
| Court | D.C. Court of Appeals |
OPINION TEXT STARTS HERE
Appeal from the Municipal Court for the District of Columbia, Civil Division.
Action for possession of dwelling house property by Enoch Garrison Wilson, Jr., and another against Frank V. Price. Judgment for plaintiffs, and defendant appeals.
Appeal dismissed. by removing from the property and abandoning possession to plaintiffs.
If we should reverse, the effect would be that plaintiffs should not have possession; whereas their opponent in the litigation has already voluntarily given them that possession. Or, if we should remand for a new trial there would be no issue to try, for plaintiffs already have the possession they have sought.
Thus any attempt on our part to adjudicate the merits of the appeal would be merely to record our views concerning a controversy which no longer exists and to rule on a question which has become moot and purely academic. This is no mere technicality. It goes to the very foundation of the appeal.
Appeal dismissed.
To continue reading
Request your trial
-
District of Columbia v. Walters
...District of Columbia, D.C.App., 283 A.2d 816, 818 (1971); Atkins v. United States, D.C.App., 283 A.2d 204, 205 (1971); Price v. Wilson, D.C.Mun.App., 32 A.2d 109 (1943). We, therefore, view the trial court's action in this area as an abuse of ...
-
Alden v. Georgetown University
...and to rule on a question which has become moot and purely academic,'" Banks v. Ferrell, 411 A.2d 54, 56 (D.C.1979) (quoting Price v. Wilson, 32 A.2d 109, 110 (1943)), in the instant case, Alden's claim has not become "purely academic" because Alden has not received the remedy which he orig......
-
Atkins v. United States, 5786.
...v. Dixie Realty Co., D.C.App., 248 A.2d 820, remanded on other grounds, 136 U.S.App.D.C. 403, 420 F.2d 245 (1969); Price v. Wilson, D.C.Mun. App., 32 A.2d 109 (1943). We see no reason why this same rule of mootness should not apply to a case such as the one before us, where the tenant unequ......
-
Quick v. Paregol.
...205; Sechrist v. Bryant, 52 App.D.C. 286, 286 F. 456. A voluntary surrender of possession would make the case moot. Price v. Wilson, D.C.Mun.App., 32 A.2d 109. Cf. Lalekos v. Manset, D.C.Mun.App., 47 A.2d 617. However, appellant denies any voluntary surrender and we cannot determine this qu......