Davis v. Rees

Superior Court of Delaware

Davis v. Rees

3 Del. 490

DecidedJuly 1, 1842

StatusPublished

This text of 3 Del. 490 (Davis v. Rees) 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

Davis v. Rees, 3 Del. 490 (Del. Ct. App. 1842).

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Opinion

The Court

affirmed the judgment, considering that the record howed an appearance of the defendant on the first day. He could [492]*492not ask .a postponement, and put in a plea, without appearance. It also sufficiently appears that the justice heard the proofs in the cause. The defendant by pleading nil debet, put the plaintiff to the proof of his whole case, and the record says the judgment was rendered “upon a hearing,” after this plea, which must be taken to be a hearing of the case upon proof and allegation.

Bates, for plaintiff. Frame, for defendant.

Judgment affirmed.

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The Court

affirmed the judgment, considering that the record howed an appearance of the defendant on the first day. He could [492]*492not ask .a postponement, and put in a plea, without appearance. It also sufficiently appears that the justice heard the proofs in the cause. The defendant by pleading nil debet, put the plaintiff to the proof of his whole case, and the record says the judgment was rendered “upon a hearing,” after this plea, which must be taken to be a hearing of the case upon proof and allegation.

Bates, for plaintiff. Frame, for defendant.

Judgment affirmed.

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Bluebook (online)

3 Del. 490, Counsel Stack Legal Research, https://law.counselstack.com/opinion/davis-v-rees-delsuperct-1842.