Superior Court of Delaware, 1841

Conoway v. Short

Conoway v. Short
Superior Court of Delaware · Decided July 5, 1841
3 Del. 342

Counsel

Ridgely and Brinckloe, for the rule. Cullen, contra.

Conoway v. Short

Opinion of the Court

Ridgely and Brinchloe, for defendants, now filed an affidavit, and I moved a rule to show cause why the report should not be set aside;] but the court refused to lay the rule, on the ground that the applica-l tion was too late, the term to which the report was returned havingl elapsed without objection, and judgment having been rendered. Thel award of referees, approved by the court, is made by the law asl available as a verdict of a jury, which the court would not set asidel after the term had elapsed. (Dig. 112.)

Rule refused.

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