Underwood Typewriter Co. v. Veal

The Underwood Typewriter Company instituted bail-trover proceedings against Yeal, to recover a typewriter. Yeal declined to make a forthcoming bond and delivered the machine to the sheriff. The plaintiff did not replevy the machine, and it remained in the custody of the sheriff until the trial. Pending the trial the plaintiff voluntarily dismissed the suit, and thereupon the trial judge, at the instance of the defendant and over the objection of the plaintiff, directed the jury to find a verdict in favor of the defendant for the proven rental' value of the machine during the time it was in…