Legal Opinion
Giandonancio v. O'Donnell
Superior Court of Delaware
Decided March 21, 1918No. Certiorari, No. 36PublishedCited by 1 opinion
Action before a justice of the peace by John P. O’Donnell, landlord, against Tony Giandonando, tenant, to recover certain demised premises, after notice to quit. Judgment for plaintiff for damages only. Defendant brings certiorari. The only exception to the record considered by the court appears in the opinion.
1Opinion of the Court
Boyce, J.,
delivering the opinion of the court:
There are numerous exceptions to the record. It is unnecessary to consider more than one of them, to wit:
“That * * * the jurors rendered a verdict only for six cents damages and nothing more and not for possession of the premises, and not in accordance with the statute in that behalf.”
Upon the request of the defendant, the cause was tried by jury. Rev. Code 1915, §4071, provides that:
“If on trial it shall be proved to the satisfaction of the justice, or the jury, as the case may be, that the plaintiff is entitled to the possession of the premises,…
2Cases cited1 opinion
- Crow v. CannSuperior Court of Delaware · 1899
3Cited by1 opinion
- Phillips v. GunbySuperior Court of Delaware · 1921