Opinion

Mendes v. Johnson

  • 389 A.2d 781
  • 1978 D.C. App. LEXIS 544
Court
District of Columbia Court of Appeals
Filed
Jun 13, 1978
Status
Published
Author
Yeagley
On the bench
Newman, Kelly, Fickling, Kern, Gallagher, Nebeker, Yeagley, Harris, MacK, Ferren
Cited by
70 cases
Authority
More cited than 9.1%

Overruled by James B. Beam Distilling Co. v. Georgia, 501 U.S. 529 (1991)

holding evictions may only be executed by appropriate legal process, and not by landlord self- help

How later courts described this case

  • holding evictions may only be executed by appropriate legal process, and not by landlord self- help
  • where this court overruled prior decision and held that a tenant may bring civil action against landlord for wrongful eviction, court also held that its decision applied retroactively to parties in the litigation but not to evictions involving others that occurred before the date of decision
  • holding evictions may only be executed by appropriate legal process not landlord self-help
  • “[I]n this jurisdiction, the landlord’s common law right of self-help has been abrogated, and the legislatively created remedies for reacquiring possession are exclusive.”

Written by the judges who cited it.

Later courts went against this

  • Overruled by James B. Beam Distilling Co. v. Georgia, 501 U.S. 529 (1991)

    Mendes was implicitly overruled by the Supreme Court in James B. Beam Distilling Co. v. Georgia, 501 U.S. 529, 111 S.Ct. 2439, 115 L.Ed.2d 481 (1991), and
    Supreme Court of the United StatesJun 20, 1991medium confidenceRead it
  • Abrogated in part by Davis v. Moore, 2001 D.C. App. LEXIS 104 (2001)

    389 A.2d 781, 787 (D.C. 1978) (en banc), abrogated in part on other grounds by Davis v. Moore, 772 A.2d 204, 230
    District of Columbia Court of AppealsApr 26, 20013 citing opinionsin partRead it

Distinguished

  • Distinguished by Simpson v. Lee, 1985 D.C. App. LEXIS 521 (1985)

    Mendes v. Johnson, supra, 389 A.2d 781, that a landlord does not have the right to self-help, is inapplicable to commercial property which has been abandoned by the tenant.
    District of Columbia Court of AppealsOct 24, 1985Read it

The opinion

YEAGLEY, Associate Judge,

dissenting in part:

I concur in the decision of the en banc court on the merits, but am of the view that the decision should be given prospective effect only. See Great Northern Ry. v. Sunburst Co., 287 U.S. 358, 365 , 53 S.Ct. 145, 149 , 77 L.Ed. 360 (1932), to the effect that it is not a constitutional problem and “[t]he choice for any state may be determined by the juristic philosophy of the judges of her courts, their conceptions of law, its origin and nature.”

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.