Kinney v. Short
Superior Court of Delaware
Certiorari to Justice Windsor. Record. Judgment and execution. Jeremiah F. Kinney vs. John B. Adams. Execution returned served on John Short as garnishee, and plaintiff refuses to take the answer of the garnishee. “ And now to wit, 5th of January, 1838, the parties appeared and plaintiff puts defendant to plead and refers the case to referees, who report no cause of action.” And judgment on this report.
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Certiorari to Justice Windsor. Record. Judgment and execution. Jeremiah F. Kinney vs. John B. Adams. Execution returned served on John Short as garnishee, and plaintiff refuses to take the answer of the garnishee. “ And now to wit, 5th of January, 1838, the parties appeared and plaintiff puts defendant to plead and refers the case to referees, who report no cause of action.” And judgment on this report. Plaintiff claims a new trial, and the case is again referred to referees who reported as follows: “We, the referees, being summoned and sworn to adjust and settle all matters in dispute…
1Opinion of the Court
By the Court.
’Either of these objections to the record is fatal Digest. 336; Newbold vs. Polk, 1 Harr. Rep. 335; Ray, use of Moon, vs. Hall; Ibid. 106. But the subsequent proceedings raise some new and important questions as to the powers and practice of justices of the peace; as, 1st, whether on a trial before referees the justice or the freeholders have the power to determine as to the legality of testimony. 2d, Whether the justice for this or any other cause has the power to set aside the report of referees otherwise than by granting a new trial in cases where a new trial may be demanded ;…
2Cases cited1 opinion
- Sund v. Wilmington & Philadelphia Traction Co.Superior Court of Delaware · 1920