Paregol v. Smith
103 A.2d 576
D.C.
1954
Check Treatment

*1 an intent there must abandonment by which omission an act or abandon and ap Here put effect. intention building to be de

pellant knew the refrig not remove stroyed he did them removed appellees had After

erators. get could come appellant told He let them

them, do so. he refused to eight months yard for appellees’ remain away did thrown they been until conduct, course His whole he bring suit. questionable value

coupled ample for a find basis

property, furnished appellant had abandoned fact

ing property. Abandonment complete action defense an property is a

for conversion.3 v. SMITH.

PAREGOL

Municipal Court Columbia. District of

Argued Feb. 26, 1954. - Paregol, C., Washington,

Goldie S. D. pro appellant, se. C., Higgs; Washington, Franklin A. D. : appellee. CAYTON, Judge, Before Chief QUINN, -Associate Judges.

HOOD and HOOD, Judge. appellee Appellant landlord sued premises leased of' the nonpayment of ground Crum, 3; Rodgers Am.Jur., Abandonment, 168 Kan. C.J.S., § P. 2. 1 190; City, M. B. R. Abandonment, Kansas & Co. v. 2d. 8.§ Wagand, 134 Ala. 32 So. 744. *2 money judgment claim a tains complaint possession not make for did for is'' also rqnt3 However, arrears, entitled to' judgment in judgment for rent for possession. for Personal judgment proceeding asked remains and es- and sentially possession made one' on tenant was recovery service for and copy of posting money a of a judgment effected was is but service incidental prem- basic on action.4 claims, and The summons two ap- possession day the tenant for return and ises. On the the other for are ap- separate peared in without counsel and and point- As we' have distinct. out, the rent. parently nonpayment judgment possession may of ed. for Thereupon obtain- personal service, asked and awarded without but a judgment permission to personal ed for rent amend must rest .on judgment. money for service equivalent. a claim judgment include a or its The possession possession for Judgment then entered for was executed writ of resti- Shortly thereafter a writ judgment and tution. for rent. rent executed for. posses- judgment in of for restitution on manner as other money'judgment. and About six sion was issued executed. landlord is not re- quired join on writ attachment later a of claim for months 'his rent with'his (cid:127) funds, in claim for money judgment issued may was and make the separate were seized. garnishee the hands of the rent a action in an- judg- other The tenant moved vacate the branch then of the court. granted ment motion for rent. -His The result has is' that a appealed.

and the landlord landlord who summary commences a pos proceeding for question The basic us whether before session of property real has privilege, the trial court in the instance had first au- elects, if he so to add claim pos to his for thority permit landlord, who had session a claim for arrears and thus summoned the into court to answer summary procedure utilize the to obtain a a'complaint possession, to to that for add money strictly judgment as incident to ah. a claim for a possessory action. Our question nar itself to judgment for rent and to enter thereon. rows whether the landlord must make his election when he commences the possession The action for in the possessory may action or make it sometime landlord and tenant branch of thereafter. statutory purely court is a and says “may The statute designed summary bring to afford a method possession”,5 an action to recover possession of obtaining real and estate.1 “may process may with recovery Service of be made under f.or * * * possession copy posting certain conditions all Although arrears of rent”.6 premises, summons statute this, state specifically does the . done in Originally-the case.2 joined only pos- sole when the obtainable in the proceeding relief commenced, sessory judgment possession. action is think By we later en implication clear provided is the actment it was statute, “the landlord think it may join do not was intended that a recovery his claim land * * * possession has who sued claim for all his choice not to add a rent”, arrears which case if he ob- 1951, 1951, 735, 45-911. Code Code as amended Pub. 11 - L.No.71, Sess., Cong., approved 83d 1st 18, 1953, June 67 Stat. 66. 11-736; Dewey 2. Code Clark, 45-910. U.S.App.D.C. 137, 180 F.2d 766. 6. Code t- CO proceeding though summary subsequent stage-of the in nature informal in

at some procedure, a claim are vast In 1953 number. change his mind and *3 despite 60,000 complaints the informal more held that were have than filed We the tenant landlord and tenant trial proceedings, landlord and branch of the nature of by the to informed court and it knowledge entitled be is common that in tenant is the -recovery great majority the nature of the ten- of the of those cases the brought represented agáinst by him.7 tenant ants sought If counsel. '.are posses answer a to court. suddenly another faced with can be . sion time ought allowed he to be prepare new this QUINN, to consider Judge (dissenting). especially true be This is to' defend it. following is of an substance ten Rule the landlord cause 4(c) by opinion prepared me for consideration file to branch forbids ant my colleagues, which did not meet landlord asks for counterclaim unless I my their to views approval. adhere after suit If money-judgment a. expressed. therein added, , ad new claim can be brought, a is defendant, and coun given time to ditional I'would rule that of the claim, additional to the terclaim interposed, (cid:127)judgment the trial court was error. is summary nature There can be no doubt that the court had noteworthy that the rules of It lost. is jurisdiction person tenant, over pro make no and tenant branch voluntarily appeared as he the ’return after adding vision objection day no and made to court’s pf complaint The form commenced. suit is jurisdiction over him. It well is settled rules, which was form provided by the defense, that failure to raise such a ei cas.e, that clearly indicates in this used answer, ther motion or constitutes made, rent,-if should be one be -for particular a waiver of that defense.1 Al required complaint which is made in thp though an answer to the , be verified. . required Landlord and Tenant in.the that a landlord who Court,2 'conclusion jurisdiction Our the defense of lack of , the, addition of possession and omits over, person may 'for sues motion.3 rent, may not thereafter present 4' claim tenant’s failure in case to Accordingly a claim. that suit add proper motion at the make such a time setting correct in any objection .the waived he thus have in this case. manner in to the which he served process. .with away ruling our takes 'It the landlord. from right no there Nor can contention that filing for elect compels him jurisdiction lacked the:court over the'sub then''add claim' Thus, shall ject only whéthér matter of this suit. the" basis such claim of a make or question remaining is whether the trial branch of the in another separate suit discretionary power per judge had the help believej prevent This, we will court. complaint. amend her mit the landlord to which, proceedings complexity in al- concerned, undue as notice reading In so far 12(b), v. Rule as applies to the Landlord and Tenant which under Landlord and Tenant Rule Branch Rayherstz Corp. 1. Orange Theatre 139 F.2d 871, Corp., Cir., Amusement Orange Corp. Theatre denied 4(b). certiorari Tenant Rule Landlord and Brandt, 322 U.S. S.Ct. construing 12(b) Rule F.R. Tenant Rule 4(d). Landlord and L.Ed. basically U.S.C.A., C.P., which

a ..iO b- the tenant advised wanted uncertain terms regain possession property be- of her pay had failed

cause he the rent 1952, and amount

month of December

set forth in the as due $75. it

While is true that action below was enacting *4 permit- the land-

statute was amended' to his claim for rent,4 unpaid and such’ claim complaint.5 amending he made

One and duties of the functions powers’ is to so exercise its litigation.

avoid future Inasmuch as the open court that he owed rent,’ I that' there would hold allowing

abuse the court’s-discretion in amended. Therefore 'with

the cáse reversed instruc- should

tions to set order

judgment below.

THORNE WHITE. of Columbia. District

Argued March Gates, D.C.Mun.Ápp., Block 5 . 21