Fanning v. Miller
Superior Court of Delaware
Appeal (No. 87, January Term, 1914) from a judgment of a justice of the peace by the defendant below. The judgment was entered on the report of referees for the full amount of the plaintiff’s claim. The defendant filed a written plea of set-off before the justice for a claim in excess of plaintiff’s demand, but did not produce evidence before the referees in support of the plea, and the counterclaim was not considered by the referees.
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Appeal (No. 87, January Term, 1914) from a judgment of a justice of the peace by the defendant below. The judgment was entered on the report of referees for the full amount of the plaintiff’s claim. The defendant filed a written plea of set-off before the justice for a claim in excess of plaintiff’s demand, but did not produce evidence before the referees in support of the plea, and the counterclaim was not considered by the referees. On a motion to the court to dismiss the appeal, it was contended that the counterclaim was not presented to the referees, and was neither considered nor…
1Opinion of the Court
Woolley, J.,
delivering the opinion of the court:
It appears, by the justice’s transcript, that in the trial of this case below the defendant filed a written plea of counterclaim or set-off for an amount in excess of the amount demanded by the plaintiff, and that, upon the award of referees, judgment was entered for the plaintiff for eight dollars and twenty-five cents, being the full amount of his demand. Aside from these entries, the justice incorporated in his record a lengthy recital of what happened and what did not happen at the trial respecting the .matter of set-off pleaded by the…
2Cited by1 opinion
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