Dissette v. Long

D.C. Circuit

Dissette v. Long

280 F. 457, 51 App. D.C. 383, 1922 U.S. App. LEXIS 1808

CourtCourt of Appeals for the D.C. Circuit

DecidedApril 3, 1922

DocketNo. 3692

StatusPublished

This text of 280 F. 457 (Dissette v. Long) 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

Dissette v. Long, 280 F. 457, 51 App. D.C. 383, 1922 U.S. App. LEXIS 1808 (D.C. Cir. 1922).

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Opinion

SMYTH, Chief Justice.

Long sued Dissette for $1,694.28, and filed an affidavit of merit under the seventy-third rule of the trial court. Dissette filed pleas to Long’s declaration, and also an affidavit of 'defense, in which he admitted that he owed Long $627.70, and averred a set-off in the sum of $5,000. Long then moved for judgment, because, as averred, the affidavit did not state a good defense to any part of Ms claim. The court gave judgment for $1,025.48, and overruled (ho motion as to the remainder.

On the sufficiency of the affidavit with respect to the set-off the appeal turns. In (hat regard the affidavit is identical with the one-in the case of Dissette v. Dost, - App. D. C. -, 280 Hod. 455, this day decided, and hence this appeal is ruled by the decision in that case.

The judgment is affirmed; the costs to be paid by appellant,

Affirmed.

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SMYTH, Chief Justice.

Long sued Dissette for $1,694.28, and filed an affidavit of merit under the seventy-third rule of the trial court. Dissette filed pleas to Long’s declaration, and also an affidavit of 'defense, in which he admitted that he owed Long $627.70, and averred a set-off in the sum of $5,000. Long then moved for judgment, because, as averred, the affidavit did not state a good defense to any part of Ms claim. The court gave judgment for $1,025.48, and overruled (ho motion as to the remainder.

On the sufficiency of the affidavit with respect to the set-off the appeal turns. In (hat regard the affidavit is identical with the one-in the case of Dissette v. Dost, - App. D. C. -, 280 Hod. 455, this day decided, and hence this appeal is ruled by the decision in that case.

The judgment is affirmed; the costs to be paid by appellant,

Affirmed.

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Bluebook (online)

280 F. 457, 51 App. D.C. 383, 1922 U.S. App. LEXIS 1808, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dissette-v-long-cadc-1922.