Colbsbeery v. Stoops

1 Del. 448

• Court: Superior Court of Delaware
• Decided: July 5, 1834
• Status: Published

Opinion

By the Court.

The act of assembly requires that before giving a judgment by default, the justice shall “hear the proofs and allegations of the plff.” {Dig. 334, sec. 5;) and he ought so to state on the docket; but when it appears from the record that he did examine the case on the proofs and allegations, the court will sustain his judgment though he omit to state the facts on the record. He has sent up the cause of action in this case which itself exhibits proof of the payment by Stoops for peach trees for deft.’s farm. The statement indeed shows that the contract under which these trees were furnished, grew out of a lease, but it does not therefore necessarily follow that the justice had no jurisdiction. If the lease was not under seal, assumpsit might lie for money paid by Stoops to the use of Colesberry; and we think that even an action of covenant would lie in some cases before a justice of the peace under the first section of the act providing for the recovery of small debts; Dig. 330.

Judgment aifirmed.