SCHWARTZ v. MURPHY

No. 7353.

112 F.2d 24 (1940)

SCHWARTZ v. MURPHY et al.

United States Court of Appeals for the District of Columbia.

Decided April 15, 1940.


Attorney(s) appearing for the Case

Ward B. McCarthy and Harry Friedman, both of Washington, D. C., for plaintiff in error.

Leonard A. Block and William C. Murphy, both of Washington, D. C., for defendant in error.

Upon request of the Court, Corporation Counsel of the District of Columbia filed a brief as amicus curiae, Elwood H. Seal, Corporation Counsel, and Vernon E. West and James W. Lauderdale, Assistant Corporation Counsels, appeared.

Before STEPHENS, EDGERTON, and RUTLEDGE, Associate Justices.


STEPHENS, Associate Justice.

This case is here on a writ of error to the municipal court of the District of Columbia. The petitioner, plaintiff below (hereafter referred to as plaintiff), sued, as administratrix of the estate of her husband, to recover an unpaid balance of the proceeds of a foreclosure sale of real estate. From the plaintiff's bill of particulars and affidavit of merit and from evidence introduced by her at the trial, the following appeared: During...

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