Speakman v. Price
Superior Court of Delaware
Appeal from a judgment rendered by a justice of the peace. Action of Assumpsit to recover for the value of a tomato crop alleged to have been sold by John Price, the plaintiff, to Caroline E. Speakman and others, trading as Mrs. Peterson Speakman and Son, the defendants. The facts and questions presented appear in the charge of the court.
Read the full summary
Appeal from a judgment rendered by a justice of the peace. Action of Assumpsit to recover for the value of a tomato crop alleged to have been sold by John Price, the plaintiff, to Caroline E. Speakman and others, trading as Mrs. Peterson Speakman and Son, the defendants. The facts and questions presented appear in the charge of the court. At the trial, the defendant was asked by his counsel the following questions: Q. Did you, at the time of, or just before, the trial, before a. justice of the peace, pay into the justice’s court an amount of money, twelve dollars and sixty cents and the…
1Opinion of the CourtRice, J.
The section of the Constitution referred to reads as follows:
“At any time pending an action for debt or damages, the defendant may bring into court a sum of money for discharging the same, together with the costs then accrued, and the plaintiff not accepting the same, if upon the final decision of the cause, he shall not recover a greater sum than so paid into court for him, he shall not recover any costs accruing after such payment, except where the plaintiff is an executor or administrator.”
We do not decide that that does not apply to the court of the justice of the peace, but we do hold,…
2Cases cited5 opinions
- McCaw Manufacturing Co. v. Felder & RountreeSupreme Court of Georgia · 1902
- Higbie v. RustIllinois Supreme Court · 1904
- Taylor v. Trustees of The PoorSuperior Court of Delaware · 1899
- Truitt v. FaheySuperior Court of Delaware · 1902
- Pancoast v. VailSuperior Court of Delaware · 1906
3Cited by2 opinions
- In Re Wilson's WillSupreme Court of North Carolina · 1963
- Envolve Pharmacy Solutions, Inc. v. Rite Aid Hdqtrs. Corp.Superior Court of Delaware · 2021