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Delaware Reports (Volume 4); Containing Cases Decided in the Supreme Court (Excepting Appeals from the Chancellor) and the Superior Court and the Orphans Court of the State of Delaware

Delaware Reports (Volume 4); Containing Cases Decided in the Supreme Court (Excepting Appeals from the Chancellor) and the Superior Court and the Orphans Court of the State of Delaware


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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1848. Excerpt: ... trial by referees. The election of the party controls the mode of trial; and once made, it continues as to all subsequent trials, unless it be waived.,14. The fourteenth exception is, "that the report of the second set of referees was Illegal, informal, and unjust." 15..The fifteenth exception is, " that the judgment rendered by the justice for the sum of $18 00, in favor of Isaac Belts against Solomon Deputy, was illegal, unjust and unauthorized." 16. The sixteenth exception is, "that the execution issued upon said judgment was illegal and void." These exceptions, the 14th, 15th, and 16th, are each too vague and indefinite. They do not specify any particular defect. It does not appear from the record, that there was any illegality or error in the report of the referees appointed on the new trial; or in the judgment of the justice on their report; or in the execution which was issued upon the judgment. All these proceedings arc in strict conformity with the law; and the execution is in the very words and form prescribed by the act of assembly. The opinion of the Court is, that the judgment and proceedings below be affirmed. Layton, for defendant.----#-.- DANIEL HUDSON vs. LEVIN PETTIJOHN. On the trial of an appeal, the record of the justice's judgment is not admissible in eridence; but if read without objection, it is not sufficient ground to set aside the jerdict, and lor a new trial. This was ajji appeal from the judgment of a justice of the peace, in an actionTor money had and received. Trial and verdict for plaintiff. On motion of the defendant's counsel, rule to show cause why the verdict should not be set aside, and a new trial granted, on the ground that the record of the judgment and proceedings below were read to the jury, and...


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Product Details
  • ISBN-13: 9781153943314
  • Publisher: General Books
  • Publisher Imprint: General Books
  • Height: 246 mm
  • No of Pages: 242
  • Spine Width: 13 mm
  • Width: 189 mm
  • ISBN-10: 115394331X
  • Publisher Date: 01 Feb 2012
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 489 gr


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Delaware Reports (Volume 4); Containing Cases Decided in the Supreme Court (Excepting Appeals from the Chancellor) and the Superior Court and the Orphans Court of the State of Delaware
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