Stieff v. Bailey
Superior Court of Delaware
Action by Frederick P. Stieff, trading as Charles M. Stieff, against Muriel Bailey. Application by Charles Green, as bailiff of the landlord of the premises from which the property replevied was taken, to intervene and to claim the property on behalf of the landlord. Granted. By the writ of replevin issued in this case, a piano was taken from the defendant and delivered to the plaintiff.
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Action by Frederick P. Stieff, trading as Charles M. Stieff, against Muriel Bailey. Application by Charles Green, as bailiff of the landlord of the premises from which the property replevied was taken, to intervene and to claim the property on behalf of the landlord. Granted. By the writ of replevin issued in this case, a piano was taken from the defendant and delivered to the plaintiff. Charles Green, the bailiff of the landlord of the premises (from which the piano was taken upon the replevin), claims that the piano is liable for the payment of rent by the defendant, and that as bailiff of…
1Opinion of the Court
Woolley, J.,
delivering the opinion of the court:
This application is twofold in substance. It is an application for leave to intervene, to' be followed by a rule to interplead, the controversy having shifted from the plaintiff and defendant to the plaintiff and the person seeking leave to be made a party.
*510The remedy by interpleader was not altogether unknown at common law, but it was very narrow in its application. It was usually confined to actions of detinue, quare impedit, and writs of right of award (2 D’Anv. Abr. tit. “Enterpleader ”; 23 Cyc. 2), and, when invoked, sometimes required the…
2Cited by7 opinions
- Bankers' Mortgage Co. v. SohlandSuperior Court of Delaware · 1927
- Bauer v. HamillCourt of Appeals of Maryland · 1947
- Burrow v. Citizens' State BankCourt of Appeals for the Fifth Circuit · 1935
- Smokey, Inc. v. PANY INVESTMENT COMPANYSupreme Court of Delaware · 1971
- Womack v. De WittSuperior Court of Delaware · 1939
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