Source: United States Circuit Court of the District of Columbia
Date: 1836-03-01
Jurisdiction: United States
Citation: 4 Cranch 707 · 4 D.C. 707
Opinion
The Court (Thruston, J., absent,) instructed the jury that if they should be satisfied by the evidence that the landlady, Mrs. MeGunnigle, evicted the plaintiff from a part of the demised premises, she cannot recover in this action ; because, if, at the time of the distress she was only entitled to an apportionment of the rent, and not to the whole rent, she had no right to distrain, but must resort to her action for use and occupation ; and if it was not a case in which she was entitled to an apportionment, she cannot recover in any form of action. Verdict for the plaintiff and $50 damages.