Superior Court of Delaware, 1842

Thompson v. Pearce

Thompson v. Pearce
Superior Court of Delaware · Decided July 1, 1842
3 Del. 497

Counsel

Wales, for plaintiff,, Wales, for plaintiff in certiorari., Gilpin, for defendant.

Thompson v. Pearce

Opinion of the Court

The Court.

The jurisdiction of the justice sufficiently appears; and there is no denial of this by the defendant’s affidavit. The ma-| gistrate is not bound to send up the evidence in the cause.

The law requires that if the defendant insists upon a counter claim¡ he shall bring it forward before the justice. The meaning of this is,| that he shall bring it forward in such manner as to conclude him, i the decision be against him; if he would have the benefit of it as th ground of appeal. (§§ 8, 22.)

Judgment affirmed.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.