Lindsey v. Normet, 405 U.S. 56 (1972)

Citation: Lindsey v. Normet, 405 U.S. 56 (1972)
Parent Document: Lindsey v. Normet, 405 U.S. 56 (1972)
Jurisdiction: United States (federal)
Original Source: https://www.law.cornell.edu/supct/html/historics/USSC_CR_0405_0056_ZS.html ↗

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We agree with appellants, however, that the double-bond prerequisite for appealing an FED action violates their right to the equal protection of the laws. To appeal a civil case in Oregon, the ordinary litigant must file an undertaking, with one or more sureties, covering 'all damages, costs and disbursements which may be awarded against him on the appeal.' ORS § 19.040. 24 In order to secure a stay of execution, the undertaking, where the judgment is for money, must also provide that the appellant will satisfy the judgment if he loses the appeal or, if the judgment is for real property, that he will commit no waste during the pendency of the appeal and, if he loses the appeal, that he will pay for the use of the property during this time. In an FED action, however, a defendant who loses in the district court and who wishes to appeal must give 'in addition to the undertaking now required by law upon appeal,' an undertaking with two sureties for the payment of twice the rental value of the premises 'from the commencement of the action in which the judgment was rendered until final judgment in the action.' ORS § 105.160. (Emphasis added.) In the event the judgment is affirmed, the landlord is automatically entitled to twice the rents accruing during the appeal without proof of actual damage in that amount. See Priester v. Thrall, 229 Or. 184, 187, 349 P.2d 866, 868 (1960). In Scales v. Spencer, 246 Or. 111, 113—114, 424 P.2d 242, 243 (1967), the Oregon Supreme Court explained the rationale of the double-bond requirement: 22

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