Smoot v. Ryan
Supreme Court of Alabama
Appeal from Jefferson Circuit Court. Heard before Hon. C. B. Smith. Action by I. D. Smoot by Ms next friend, against J. H. Byan, in detinue to recover an automobile. Judgment for defendant and plaintiff appeals. Counsel discuss the errors assigned, but without citation of authority. No brief reached the Be-porter.
1Opinion of the CourtMayfield, J.
Appellant, a minor 19 years of age, suing by his father as next friend, brought this action of detinue against appellee, to recover an automobile. Plaintiff’s sole right to recovery depended upon his right to rescind the sale of the machine made by him to the appellee.
The evidence without dispute showed that the infant plaintiff had rescinded the sale. On the trial, when the plaintiff .sought to prove by his attorney the rescission, and demand for the possession of the chattel, and the defendant’s refusal to deliver, the trial court declined to allow such proof to be made, proceeding upon the…
2Cases cited5 opinions
- TUCKER v. MorelandSupreme Court of the United States · 1836
- Ware v. CartledgeSupreme Court of Alabama · 1854
- Knox v. FlackSupreme Court of Pennsylvania · 1853
- Weaver v. JonesSupreme Court of Alabama · 1854
- Philpot v. BinghamSupreme Court of Alabama · 1876
3Cited by11 opinions
- Davis v. TurnerCourt of Civil Appeals of Alabama · 1976
- Potter v. Florida Motor Lines, Inc.District Court, S.D. Florida · 1932
- Ragan v. WilliamsSupreme Court of Alabama · 1930
- Commercial Credit Co. v. Ward & Son Auto Co.Supreme Court of Alabama · 1926
- Malone v. MaloneSupreme Court of Alabama · 1986
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