Miller v. Baynard
Supreme Court of Delaware
This case came up for trial at the November Term, 1861, in New Castle County, and after the evidence had been heard and the argument of counsel on both sides, upon the question of law involved in it, had been concluded, upon the suggestion of the Court that, as both the legal decisions and the text writers seemed to be in conflict on the subject, the counsel should consent to withdraw a juior, make a case-stated of it and reserve the question for a hearing before all the…
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This case came up for trial at the November Term, 1861, in New Castle County, and after the evidence had been heard and the argument of counsel on both sides, upon the question of law involved in it, had been concluded, upon the suggestion of the Court that, as both the legal decisions and the text writers seemed to be in conflict on the subject, the counsel should consent to withdraw a juior, make a case-stated of it and reserve the question for a hearing before all the Judges in the Court of Errors and Appeals, to which their assent was given; whereupon, the following case-stated was made…
1Opinion of the Court
Gilpin, G. J.,
announced the opinion of the court: The question reserved in this case, comes before us, on a case stated by the parties. It is a question, I think, of first impression, in the courts of this state; and hence, it is important that it should be decided correctly and upon principle; more especially, as the rulings at law, and in equity, are not altogether in accord. The courts of law appear to have somewhat more sharply defined the rule in respect to this subject, than the courts of equity. The material facts are very few. According to the conditions of the sale, the highest…
2Cases cited2 opinions
- National Fire Insurance v. LoomisNew York Court of Chancery · 1845
- Steele v. EllmakerSupreme Court of Pennsylvania · 1824