Shields v. Hawkins
Shields v. Hawkins
Opinion of the Court
Appellee filed, in the Municipal Court of the District of Columbia, a particulars of demand in which she set up a cause of action against appellants for $109.80; to which appellants responded with an affidavit of defense and a counterclaim accompanied by a bill of particulars in which they admitted owing the sum of $100. In the counterclaim they set up, also, a cause of action against appellee for $420 plus interest and costs; they agreed that appellee’s claim might be set off against their claim to the extent of $100; and demanded judgment in the sum of $320. We took the case to settle the question whether the rules of the Municipal Court, properly interpreted, required — as appellants contend —that appellee should file an affidavit of defense in response to the counterclaim. Appellants’ theory is that having filed a counterclaim, alleging a setoff, they thereupon occupied the position of plaintiff, within the meaning of Section 16-1903 of the District of Columbia Code;
If Rule 16 is read alone, the interpretation for which appellants contend is literally possible. But when it is read in conjunction with Rule 2 that interpretation becomes so highly improbable as not to merit serious consideration. Our decision could be placed on that ground and limited to a determination that no affidavit of defense is required in response to an affidavit of merit which accompanies a counterclaim. But we prefer to put the decision on broader ground. Rule 2, Section 3, provides that no formal pleadings shall be required, even
Chief Justice Stone once said: “There is grim irony in speaking of the freedom of contract of those who, because of their economic necessities, give their services for less than is needful to keep body and soul together.”
Affirmed.'
EDGERTON, Associate Justice, concurs in the result.
1940 edition (Act of March 3, 1901, 31 Stat. 1423, § 1565; Act of March 3, 1921, 41 Stat. 1310, § 1).
Morehead v. People of State of New York ex rel. Tipaldo, 298 U.S. 587, 632, 56 S.Ct. 918, 932, 80 L.Ed. 1347, 103 A.L.R. 1445.
Reference
- Full Case Name
- SHIELDS v. HAWKINS
- Status
- Published