West v. Littleton
Superior Court of Delaware
Action by James B. Littleton against John J. West. Judgment for plaintiff, and defendant appeals. Motion to dismiss appeal denied. Appeal by defendant from a judgment of a justice of the peace, No. 13, June Term, 1916. Action of assumpsit before a justice of the peace by James B. Littleton against Joshua J. West “to recover the value of cedar rails removed by defendant from fence of plaintiff. Demand five dollars.” Heard before. referees on application of defendant.
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Action by James B. Littleton against John J. West. Judgment for plaintiff, and defendant appeals. Motion to dismiss appeal denied. Appeal by defendant from a judgment of a justice of the peace, No. 13, June Term, 1916. Action of assumpsit before a justice of the peace by James B. Littleton against Joshua J. West “to recover the value of cedar rails removed by defendant from fence of plaintiff. Demand five dollars.” Heard before. referees on application of defendant. The transcript of the docket of the justice contains the following.: “The * * * referees being summoned and duly sworn as by law…
1Opinion of the Court
Boyce, J.,
delivering the opinion of the court:
“Appeals shall be allowed from judgments, given by justices of the peace, to the Superior Court, as follows: First, from every judgment given by the justice, without referee trial, to an amount exceeding five dollars, exclusive of costs, the party against whom such judgment shall be given, may appeal; or in case any part of the plaintiff’s demand, or of the defendant’s counter-claim or set-off, exceeding five dollars, is disallowed or defalked by the justice, such plaintiff or defendant, may appeal; second, from every judgment given, upon the…
2Cases cited2 opinions
- Burris v. BooneSuperior Court of Delaware · 1913
- Fanning v. MillerSuperior Court of Delaware · 1914