Burris v. Boone
Superior Court of Delaware
Appeal from a justice of the peace (No. 14, April Term, 1913). Motion to dismiss the appeal from a judgment on non-suit, on the ground that the transcript filed did not disclose a case within the contemplation of the statute authorizing appeals from justices of the peace. Appeal dismissed, and case remitted. Judgment for respondent for costs. The facts and contentions appear in the opinion of the court.
1Opinion of the Court
Boyce, J.,
delivering the opinion of the court:
This is a motion to dismiss an appeal from a judgment of nonsuit and for costs entered by a justice of the peace, on the ground that the transcript does not disclose a case within the statute authorizing an appeal to this court.
Section 24, Chapter 99, Revised Code (1893) 754, as amended, provides that “appeals shall be allowed from judgments, given by justices of the peace to the Superior Court as follows: First, for every judgment given by the justice, without referee trial, to an amount exceeding five dollars, exclusive of costs, the party…
2Cases cited1 opinion
- Schulte v. KellyMichigan Supreme Court · 1900
3Cited by1 opinion
- West v. LittletonSuperior Court of Delaware · 1916