Cefalu v. Dearborn & Warfield
Supreme Court of Alabama
Appeal from. Jefferson Circuit Court. Heard before Hon. A. O. Lane. Dearborn & Wakefield sued William Conniff in detinue for a typewriter. Coniff suggested Cefalu as the claimant and be came in and defended. From a judgment for plaintiff the suggested defendant appeals. The court erred in reopening the case after it bad been submitted to him.— 15 Ency.
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Appeal from. Jefferson Circuit Court. Heard before Hon. A. O. Lane. Dearborn & Wakefield sued William Conniff in detinue for a typewriter. Coniff suggested Cefalu as the claimant and be came in and defended. From a judgment for plaintiff the suggested defendant appeals. The court erred in reopening the case after it bad been submitted to him.— 15 Ency. P. & P. 403; 5 Mo. 71; 6 South. 291. The plaintiff should have restored to the defendant the part of the price, paid before retaking the machine. — Jones v. Anderson, 2 South. 912; Jesse French P. StO. Oo. v. Bradley, 35 South. 44; Walker v. L.…
1Opinion of the CourtMayfield, J.
This was an action of detinue, instituted by appellees against Wm. Conniff, in the inferior court of Birmingham, to recover a Smith Premier typewriter. Conniff, as is authorized by statute, sug*107gested the appellant as claimant, who thereupon had himself made party defendant, and answered the complaint. The trial in the inferior court resulted in a verdict and judgment in favor of the plaintiffs, from which judgment the defendant, claimant, appealed to the city court of Birmingham.
The plaintiffs claim title under a conditional sale by which they as vendors retained title to the machine until…
2Cases cited4 opinions
- First National Bank v. ChaffinSupreme Court of Alabama · 1897
- Chandler & Jones v. CrosslandSupreme Court of Alabama · 1899
- Quillman v. GurleySupreme Court of Alabama · 1888
- Western Union Telegraph Co. v. White & Co.Supreme Court of Alabama · 1900
3Cited by1 opinion
- Southern Ry. Co. v. Hatter & SonSupreme Court of Alabama · 1910