Barr v. Logan
Superior Court of Delaware
This was an appeal from the judgment of a justice of the peace, in an action of assumpsit. Barr was a grocer in Wilmington; made a sale at auction, for cash; the goods not to be taken away until paid for. Logan bought a lot of goods which he refused to pay for. Barr would not give them up unless paid for, and sold them again, on account of whom it might concern, at a loss of $93 37. The house where the goods were kept was Logan’s, and Barr was his tenant.
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This was an appeal from the judgment of a justice of the peace, in an action of assumpsit. Barr was a grocer in Wilmington; made a sale at auction, for cash; the goods not to be taken away until paid for. Logan bought a lot of goods which he refused to pay for. Barr would not give them up unless paid for, and sold them again, on account of whom it might concern, at a loss of $93 37. The house where the goods were kept was Logan’s, and Barr was his tenant. The auctioneer was called and produced the list of sales kept in a book by the clerk. This was objected to; and the court permitted the…
1Opinion of the Court
Court.
The justice of the peace must have had jurisdiction to give this court appellate jurisdiction. The transcript filed is a part of the case here only so far as to show how the case came into this court; that is, that it was a case within the jurisdiction below, and within the appellate jurisdiction of this court. If the jurisdiction be shown, and there is any defect in the mode of bringing the suit up, as want of a certificate or seal to the record, this matter must be objected to at the earliest period, and before pleading over, or it will be considered as waived; but the party cannot…
2Cases cited1 opinion
- Richards v. Baltimore & Ohio RailroadSuperior Court of Delaware · 1927