Baliezewski v. Putzcus

Rice, J.,

delivering the opinion of the Court:

Section 4028, Revised, Code, 1915, provides:

“Every justice of the peace shall make a fair entry, in a docket, of every action commenced before him, therein setting down the names of the parties, the cause of action, the sum demanded, the day of issuing process. * * *”

It is admitted that the cause of action tried on appeal must be substantially the same as the cause of acjpon which was tried below, as shown by the transcript, of the Justice. Tappan v. Roberts, 4 Boyce (Del.) 432, 89 A. 54; Townsend v. Steward, 4 Harr. (Del.) 94; Norton v. Janvier, 5…