Robinson v. Fisher
Superior Court of Delaware
Certiorari to Roman Tamany, a Justice of the Peace in and for Sussex County (No. 4 June Term, 1909). The record of the Justice set forth the sum demanded as $26.33, and his judgment rendered in the case as follows: “And now, to wit,Saturday the 17th day of April 1909 at two o’clock in the afternoon, both the plaintiff and defendant being present this cause heard and after hearing the allegations and proofs of the plaintiff and defendant and maturely considering the same,…
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Certiorari to Roman Tamany, a Justice of the Peace in and for Sussex County (No. 4 June Term, 1909). The record of the Justice set forth the sum demanded as $26.33, and his judgment rendered in the case as follows: “And now, to wit,Saturday the 17th day of April 1909 at two o’clock in the afternoon, both the plaintiff and defendant being present this cause heard and after hearing the allegations and proofs of the plaintiff and defendant and maturely considering the same, judgment is hereby rendered against the said defendant Thomas E. Robinson and in favor of the said plaintiff Cora L. Fisher…
1Opinion of the Court
Pennewill, C. J.,
delivering the opinion of the Court:
We can see no distinction between the case now before us and the case of Thomas vs. Mariner, 5 Pennewill 571. We understand Mr. White’s contention to be that that case is wrong in principle and should be overruled.
I find that I sat in that case. My recollection is that when we decided that case, the cases laying down a different’ rule in Marvel’s reports and in 6 Houston were before the Court. In laying down a different principle in the Mariner case, we held that we ought to be as liberal as we could in passing upon records of Justices of…
2Cited by4 opinions
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- Blodgett v. HudsonSuperior Court of Delaware · 1917
- Nelson v. Canadian Industrial Alcohol Co.Superior Court of Delaware · 1937
- Carbaugh v. Grove, Pennsylvania Court of Common Pleas, Franklin County1952