Barr v. Chaytor

Superior Court of Delaware

Barr v. Chaytor

3 Del. 492

DecidedJuly 1, 1842

StatusPublished

This text of 3 Del. 492 (Barr v. Chaytor) is published on Counsel Stack Legal Research, covering Superior Court of Delaware primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Barr v. Chaytor, 3 Del. 492 (Del. Ct. App. 1842).

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Opinion

The justice has no authority to adjourn a cause indefinitely, nor otherwise than to a day certain; nor has he any right to administer such an oath to the plaintiff. If this was an action against the defendant on any assumption to pay the debt of another, such assumption should have been sworn to; if it was against the defendant as originally liable, proof of such liability should have been made by the book of original entries and oath of plaintiff; or proof that defendant ordered the medicine and attendance.

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The justice has no authority to adjourn a cause indefinitely, nor otherwise than to a day certain; nor has he any right to administer such an oath to the plaintiff. If this was an action against the defendant on any assumption to pay the debt of another, such assumption should have been sworn to; if it was against the defendant as originally liable, proof of such liability should have been made by the book of original entries and oath of plaintiff; or proof that defendant ordered the medicine and attendance.

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Bluebook (online)

3 Del. 492, Counsel Stack Legal Research, https://law.counselstack.com/opinion/barr-v-chaytor-delsuperct-1842.