Woods v. Harris
Woods v. Harris
Opinion of the Court
The Housing Expediter- instituted Civil Action 9413, seeking certain injunctive relief and restitution to the tenants, under the Emergency Price Control Act of 1942, as amended, 50 U.S.C.A.Appendix, § 901 et seq., and under the Housing and Rent Act of 1947, as amended, 50 U.S.C.A.Appendix, § 1881 et seq. The United States instituted Civil Action 9750, under the 1947 Act, seeking injunctive relief, restitution and treble damages. The original defendant died and his administratrix was substituted. The substituted defendant has filed two motions in each case: (1) a motion to discontinue the action against the defendant administra-trix, and (2) a motion to join tenants as parties plaintiff, so that conflicting claims and counterclaims between them and the defendant may be disposed of in each action.
The first motion is based on the contention that, inasmuch as the administratrix has no authority over the decedent’s real property, she is not a proper party in actions of this nature. The argument overlooks the elementary proposition that the actions here are personal actions -and survive the original defendant’s death, see 89 F.Supp. 537. The administratrix, having been properly substituted, succeeds to the liability of defending the suit. With respect to the relief of damages and restitution, the administratrix’s lack of connection with the real property is irrelevant. Of course, injunctive relief, by way of an order requiring defendant not to violate the law by collecting rent over the ceiling, would not be granted against the administratrix where she has no authority to collect any rents.
In support of the second motion, defendant cites several cases in this district where tenants have been added as parties plaintiff by order of the Court. Creedon v. Polis, D.C., 7 F.R.D. 652; Creedon v. Wilson, D.C., 10 F.R.D. 488; Woods v. Whelan, D.C., civil action 9091, July 6,
. No opinion for publication.
Reference
- Full Case Name
- WOODS v. HARRIS UNITED STATES v. HARRIS
- Status
- Published