(Download) "Manos v. Fickenscher" by District of Columbia Court of Appeals. ~ Book PDF Kindle ePub Free

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eBook details

Title: Manos v. Fickenscher
Author : District of Columbia Court of Appeals.
Release Date : January 10, 1948
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 51 KB

Description

HOOD, Associate Judge. Appellee brought an action to recover from appellant $847 alleged due for music lessons given by appellee to two children of appellant up to and including June 11, 1945. Action was filed and summons issued on June 9, 1948. The summons was returnable June 29 and was served on June 24. 1 Appellant made no appearance on the return day and on that day notation of default was entered and the case continued to July 12 for the taking of ex parte proof. On July 12 appellant filed a motion to set aside entry of default and require appellee to furnish a bill of particulars showing time and place of each lesson and amount charged therefor. He supported his motion by an affidavit stating that when served with the summons he was under the belief the return day was July 29, instead of June 29, and did not consult counsel until July 7; that the statute of limitations was a defense to all or part of the claim; that without a bill of particulars he was unable to say what part, if any, of the claim he owed; and that in any event he did not owe the full amount claimed.