# Mendes v. Johnson

> District of Columbia Court of Appeals · June 13, 1978 · 389 A.2d 781

URL: https://www.frixlaw.com/law-library/cases/9711231

## Case

- **Full name:** Fortunato J. MENDES, Appellant, v. Montina JOHNSON, Appellee
- **Court:** District of Columbia Court of Appeals
- **Decided:** June 13, 1978
- **Citations:** 389 A.2d 781; 1978 D.C. App. LEXIS 544
- **Precedential status:** Published
- **Opinion:** Dissent by Yeagley
- **Judges:** Newman, Kelly, Fickling, Kern, Gallagher, Nebeker, Yeagley, Harris, MacK, Ferren
- **Cited by:** 70 later opinions in the Frix Law Library

## Citator (automated)

- **Red flag:** Overruled by James B. Beam Distilling Co. v. Georgia, 501 U.S. 529 (1991).
- Negative treatments: 2
- Distinguished by: 1
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9711231

## How later opinions describe it (automated extraction)

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

## Opinion text

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.”

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9711231. Public record. Not legal advice.