Opinion
No. 2526.
Argued December 15, 1959.
Decided January 19, 1960. Rehearing Denied February 5, 1960.
APPEAL FROM MUNICIPAL COURT FOR THE DISTRICT OF COLUMBIA, CIVIL DIVISION, JOHN J. MALLOY, J.
S. Levy, pro se.
Herman Miller, Washington, D.C., for appellees.
Before ROVER, Chief Judge, and HOOD and QUINN, Associate Judges.
Although several errors are assigned, some having no support in the record and others bordering on contempt, the sole question presented is whether appellant was a roomer or a tenant. The trial court found that he was a roomer, thus entitling appellees to bring summary proceedings against him without giving the thirty-day notice required by Code Section 45904.
Code 1951, 11-735 (Supp. VII). Davis v. Francis Scott Key Apartments, D.C.Mun.App. 1958, 140 A.2d 188. Compare Tamamian v. Gabbard, D.C.Mun.App. 1947, 55 A.2d 513.
See generally, Cavalier Apartments Corp. v. McMullen, D.C.Mun.App. 1959, 153 A.2d 642.
As we have stated several times recently, our function in a case such as this is to determine whether in law the evidence is sufficient to sustain the finding. We have carefully considered the record and conclude there was ample basis for the finding. We are not persuaded that we should reject it and substitute another favorable to appellant.
Affirmed.