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THOMPSON v. MAZO

No. 22268.

421 F.2d 1156 (1970)

Thelma G. THOMPSON, Appellant, v. Sylvan MAZO, Appellee.

United States Court of Appeals, District of Columbia Circuit.

Decided January 12, 1970.

Attorney(s) appearing for the Case

Mrs. Florence W. Roisman, Washington, D. C., for appellant. Mr. Jerry S. Byrd, Greenville, S. C., was on the brief for appellant.

Mr. Herman Miller, Washington, D. C., for appellee.

Mr. Ralph J. Temple, Washington, D. C., filed a brief on behalf of the American Civil Liberties Union Fund, as amicus curiae, urging reversal.

Before BAZELON, Chief Judge, and McGOWAN and LEVENTHAL, Circuit Judges.

BAZELON, Chief Judge:

D.C.Code § 16-1504 (1967) provides that a defendant who pleads title in a possessory action in the Court of General Sessions must enter into an "undertaking, with sufficient surety" before the cause will be certified to the District Court, which alone is empowered to try the issue of title. The question presented by this case is whether the "undertaking" must be in the form of a lumpsum bond regardless of the defendant's ability to provide...

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