Burton v. Cefalu
Supreme Court of Alabama
Action Against Constable ancl Bond. Appeal from the Birmingham City Court. Heard before Hon. C. C. NeSmith. Action by S. A. Cefalu against J. T. Burton and others. Judgment for plaintiff, and defendants appeal. Dearborn & Warfield sued Cefaul for a typewriter, and the detinue writ was executed by Burton, by his deputy, by a seizure of the typewriter, and a delivery to the plaintiffs.
Read the full summary
Action Against Constable ancl Bond. Appeal from the Birmingham City Court. Heard before Hon. C. C. NeSmith. Action by S. A. Cefalu against J. T. Burton and others. Judgment for plaintiff, and defendants appeal. Dearborn & Warfield sued Cefaul for a typewriter, and the detinue writ was executed by Burton, by his deputy, by a seizure of the typewriter, and a delivery to the plaintiffs. The plaintiffs failed for five days to give the required bond, and the defendant also failed, and after the expiration of the ten days demanded of the constable a return to him of the typewriter, and upon his…
1Opinion of the Court
ANDERSON, J.'
— It has been long settled by this court that an officer, who seizes property under a writ of detinue, and who fails to turn it over to the defendant, after the failure of the plaintiff to give a forthcoming bond, as required by the statute (sections 3780 and 6051 of the Code of 1907), is liable upon his official bond for his official misfeasance for damages resulting from said misconduct. Nor can he justify his misconduct or mitigate the damages by showing that the property belonged to another, or that it was subsequently adjudged to be that of the plaintiff in the suit. The…
2Cases cited3 opinions
- Thorn v. KempSupreme Court of Alabama · 1893
- Elrod v. HamnerSupreme Court of Alabama · 1898
- Gay v. BurgessSupreme Court of Alabama · 1877
3Cited by2 opinions
- Torbert v. McFarlandSupreme Court of Alabama · 1911
- Giles v. WilkinsSupreme Court of Alabama · 1955