MENDES v. JOHNSON

No. 10279.

389 A.2d 781 (1978)

Fortunato J. MENDES, Appellant, v. Montina JOHNSON, Appellee.

District of Columbia Court of Appeals.

Decided en banc June 13, 1978.


Attorney(s) appearing for the Case

Fortunato J. Mendes, pro se.

John A. Lynch, Jr., and Harold A. Levy, Washington, D.C., were on the brief for appellee. Joseph R. Cooney, Washington, D.C., also entered an appearance.

Before NEWMAN, Chief Judge, and KELLY, FICKLING, KERN, GALLAGHER, NEBEKER, YEAGLEY, HARRIS, MACK and FERREN, Associate Judges.


MACK, Associate Judge:

Appellant landlord seeks reversal of the judgment entered in favor of the appellee (plaintiff) in an action for unlawful eviction. He argues that the complaint failed to state a cause of action inasmuch as in evicting appellee, he was simply exercising the right of a landlord to use self-help to evict a tenant, a right recognized at common law and, according to appellant, still viable under the case law of this jurisdiction. Resolution of this...

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