Vandiver & Co. v. Pollak
Supreme Court of Alabama
Appeal from the Chancery Court of Montgomery. Heard before the Hon. Jeke N. Williams. The bill in this case was filed by the appellee against the appellants, and prayed for contribution from the defendants. The facts of the case are sufficiently stated in the opinion. On the final submission of the cause, the chancellor granted the relief prayed for. The respondents appeal, and assign as error the final decree of the chancellor.
1Opinion of the CourtBb.ickell, C. J.
The theory on which the bill is filed is, that the appellants and appellee bearing the relation and subject to the liabilities of joint trespassers, the appellee, having been compelled to the satisfaction of all the damages resulting from the trespass, is entitled to demand contribution from the appellants. The first question we propose to consider, is whether that is the relation in which the parties stand. The material facts touching this question, as we collect them from the record, looking only to the evidence which is free from conflict, and to the admissibility of which there is no…
2Cases cited15 opinions
- Smith v. GayleSupreme Court of Alabama · 1877
- Farwell v. BeckerIllinois Supreme Court · 1889
- Coventry v. BartonNew York Supreme Court · 1819
- Moore v. AppletonSupreme Court of Alabama · 1855
- O'Neal v. BrownSupreme Court of Alabama · 1852
10 more not listed; retrieve them via the Exa API.
3Cited by36 opinions
- Fidelity-Phenix Fire Ins. Co. v. MurphySupreme Court of Alabama · 1933
- Steenhuis v. HollandSupreme Court of Alabama · 1927
- American Southern Insurance Co. v. Dime Taxi Svc., Inc.Supreme Court of Alabama · 1963
- McCoy v. L. & N. R. R.Supreme Court of Alabama · 1905
- Gobble v. BradfordSupreme Court of Alabama · 1933
31 more not listed; retrieve them via the Exa API.