Superior Court of Delaware, 1893

Etheridge v. Middleton

Etheridge v. Middleton
Superior Court of Delaware · Decided May 15, 1893
15 Del. 139

Counsel

Harry Emmons, for plaintiff., Charles B. Evans, for defendant.

Etheridge v. Middleton

Opinion

May Term, 1893.

Judgment. Justice of the Peace,—A judgment by a Justice of the Peace will be reversed where it is not for a sum certain.

Certiorari to Justice William H. Smith, of Hew Castle County. *140The record showed that it was an action of assumpsit for goods sold and delivered, the demand being $86.83, and that the Justice entered judgment as follows: “I give judgment against the defendant and in favor of the plaintiff in the sum of $86.83 with interest and $2.30 cost.”

The Court reversed the judgment below upon the exception that it was not for a sum certain.”

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