Perkins v. Westinghouse Air Brake Co.
Court of Chancery of Delaware
Bill to Enjoin the Collection of a Judgment. The complainant was sued by the Westinghouse Air Brake Company, one of the defendants, before a justice of the peace on December 3, 1912, for the price of goods, sold and delivered, and after several continuances the parties appeared and on March 14, 1913, a hearing was had.
Read the full summary
Bill to Enjoin the Collection of a Judgment. The complainant was sued by the Westinghouse Air Brake Company, one of the defendants, before a justice of the peace on December 3, 1912, for the price of goods, sold and delivered, and after several continuances the parties appeared and on March 14, 1913, a hearing was had. The record of the justice of the peace shows an adjournment to March 28, 1913, “pending the decision of the justice,” and another adjournment to April 4, 1913, and that on April 4th judgment was given in favor of the plaintiff. Later, upon a return of nulla bona to a fieri…
1Opinion of the Court
The Chancellor.
The complainant is the defendant in a suit brought against him before a justice of the peace by the defendant, and the record in that cause is regular, showing jurisdiction properly acquired and retained by successive continuances by the magistrate to fixed dates, pending his decision. But these entries in the record are alleged to be untrue and this is admitted. The facts are that after both parties to it were there heard, an adjournment was taken by consent of the parties, not to a definite time fixed, but indefinitely. The purpose of this delay was to enable the complainant…
2Cases cited5 opinions
- Campbell v. DurandUtah Supreme Court · 1911
- Town of New Haven v. RogersSupreme Court of Connecticut · 1864
- Sluga v. WalkerNorth Dakota Supreme Court · 1899
- Fischer v. CooleyNebraska Supreme Court · 1893
- Johnson v. Johnson Railroad Signal Co.New Jersey Court of Chancery · 1898
3Cited by2 opinions
- State v. StoesserSuperior Court of Delaware · 1962
- Smith v. KozakSuperior Court of Delaware · 1964