De Ruiz v. De Ruiz

88 F.2d 752, 66 App. D.C. 370, 1936 U.S. App. LEXIS 3358
CourtCourt of Appeals for the D.C. Circuit
DecidedDecember 21, 1936
DocketNo. 6653
StatusPublished
Cited by5 cases

This text of 88 F.2d 752 (De Ruiz v. De Ruiz) is published on Counsel Stack Legal Research, covering Court of Appeals for the D.C. Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
De Ruiz v. De Ruiz, 88 F.2d 752, 66 App. D.C. 370, 1936 U.S. App. LEXIS 3358 (D.C. Cir. 1936).

Opinion

VAN ORSDEL, J.

This appeal is from an order of the Supreme Court of the District of Columbia quashing a warrant commanding the United States Marshal to take possession of certain property, located in this District, alleged to belong to appellee, Rene A. De Ruiz, hereinafter referred to as defendant. The suit was brought under the provisions of the Act of Congress approved April 8, 1935, 49 Stat. 111, D.C.Code Supp. II, 1936, T. 29, §§ 304-318, entitled “An Act To provide for the conservation and settlement of estates of absentees and absconders in the District of Columbia, and for other purposes.”

Plaintiff filed a bill in equity in the lower court, in which she alleged, in substance, that plaintiff and defendant were married and lived together in this District until September 15, 1931, when defendant deserted her without justification or excuse; that since October 14, 1932, he has contributed nothing to her support, although financially able to do so; that she has no other source of income; that on October 15, 1932, defendant absconded from the District of Columbia and has been continuously absent from the District since; that defendant is now living in Fairfax, Va., and that his object in absconding from the District was to evade his obligation to support the plaintiff; that defendant receives monthly approximately $260 as his share of the income from certain real estate located in this District, in which he owns an undivided interest in fee simple as tenant in common; that defendant is evading personal service of process by remaining outside the jurisdiction, and that unless a receiver is appointed, defendant will continue to collect the income therefrom, without making any provision for the support of plaintiff. Plaintiff prayed for maintenance money and for the appointment of a receiver.

A subpoena was issued and personally served upon defendant at Fairfax, Va., by the sheriff of Fairfax county. Defendant appeared specially and moved to quash the warrant on the ground that the court was without jurisdiction to issue the warrant, because defendant had not been continuously absent from the District for two years subsequent to October 15, 1932, and that the act of April 8, 1935, is not retroactive in its effect. In support of the motion, defendant submitted affidavits to the effect that he had been seen, talked with, and conducted business transactions in this District a number of times during the period between the date of his alleged absconding and the bringing of this action.

Plaintiff filed an affidavit in opposition to the motion, in which she did not deny that defendant may have been within the District during this period on various occasions, but alleged that he had continuously maintained his residence in the state of Virginia, and that while he may have temporarily visited the District from time to time, he had been continuously a resident of Virginia, and that she had been unable, during this period, though frequent attempts were made, to secure personal service on him.

The court below granted the motion and ordered the warrant quashed. From that order this appeal was taken.

It will be observed that the sole question raised is whether or not, in these circumstances, the defendant has been “without the District of Columbia continuously” since October 15, 1932, within the meaning of the act of April 8, 1935. The pertinent portion of the act reads as follows: “That if a person entitled to or having an interest in property in the District of Columbia has disappeared or absconded from the District of Columbia, and it is not known where he is, or if such person, having a wife * * * dependent to any extent upon him for support, has disappeared or absconded without making sufficient provision for such support, and it is not known where he is, or if his whereabouts is known and he has been without the District of Columbia continuously for two years or longer, * * * such wife, * * * may file a petition * * * praying that such property may be taken possession of and a receiver thereof appointed under the provisions of this Act.” 49 Stat. 111, § 1, D.C.Code Supp. II, 1936, T. 29, § 304.

The only issue presented for our determination is the proper interpretation of the words “without the District of Columbia continuously.” Plaintiff insists that these words should not be held to mean uninterruptedly and physically beyond the limits of the District of Columbia, but should be liberally construed as meaning continuously a legal nonresident. Defendant, on the other hand, insists that there is no room for construction of these words; that they are clear and unambiguous, and that Congress meant exactly what it said.

While it is the duty of the courts in interpreting legislation to ascertain, if possible, the intent of the Legislature, we must not overlook the general rule of statu[754]*754tory construction that such intent is to be found in the language employed. United States v. Goldenberg, 168 U.S. 95, 103, 18 S.Ct. 3, 42 L.Ed. 394. When the words used are plain, they give meaning to the act, and it is neither the duty nor the privilege of the courts to enter speculative fields in search of a different meaning. Caminetti v. United States, 242 U.S. 470, 490, 37 S.Ct. 192, 61 L.Ed. 442, L.R.A. 1917F, 502, Ann.Cas.1917B, 1168. We think the language here involved is clear and unambiguous, and that the words “without the District of Columbia continuously” must be held to mean uninterruptedly and physically beyond the confines of the District.

It is contended, however, by plaintiff that a literal interpretation of this language would result in absurdity. She insists that it would be possible for an unscrupulous person to return to the District upon a single occasion within two years and thus evade the operation of the act. We are of opinion that even this absurdity is not sufficient to bring this case within the broad rule that a literal interpretation of statutory language may be rejected when the consequences of such interpretation would be absurd,'unjust, or oppressive. Holy Trinity Church v. United States, 143 U.S. 457, 459, 12 S.Ct. 511, 36 L.Ed. 226; Baender v. Barnett, 255 U.S. 224, 226, 41 S.Ct. 271, 65 L.Ed. 597; Ozawa v. United States, 260 U.S. 178, 194, 43 S.Ct. 65, 67 L.Ed. 199.

In Sturges v. Crowninshield, 4 Wheat. 122, 202, 4 L.Ed. 529, Chief Justice Marshall announced the following rule which has been generally followed by the courts of this country: “Where words conflict with each other, where the different clauses of an instrument bear upon each other, and would be inconsistent, unless the natural and common import of words be varied, construction becomes necessary, and a departure from the obvious meaning of words, is justifiable. But if, in any case, the plain meaning of a provision, not contradicted by any other provision in the same instrument, is to be disregarded, because we believe the framers of that instrument could not intend what they say, it must be one in which the ¿bsurdity and injustice of applying the provision to the case, would be so monstrous, that all mankind would, without hesitation, unite in rejecting the application.”

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Bluebook (online)
88 F.2d 752, 66 App. D.C. 370, 1936 U.S. App. LEXIS 3358, Counsel Stack Legal Research, https://law.counselstack.com/opinion/de-ruiz-v-de-ruiz-cadc-1936.