Dickinson v. Horn

Superior Court of Delaware

Dickinson v. Horn

3 Del. 496

DecidedJuly 5, 1842

StatusPublished

This text of 3 Del. 496 (Dickinson v. Horn) 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

Dickinson v. Horn, 3 Del. 496 (Del. Ct. App. 1842).

Pincite

Opinion

But the court said that the cases were distinguishable. In the case cited, the parties went before the justice without process, and he m corded a judgment, by confession, without any previous process There was no case before the justice up on which he could give judg ment. It stood solely on the parties’ confession. But in the presen case the parties were regularly before him, and a cause stood foi hearing, upon which the justice was authorized to give judgment upon proof satisfactory to him, whether upon the defendant’s admis sion of the plaintiff’s claim, or on any other evidence.

Judgment affirmed.

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But the court said that the cases were distinguishable. In the case cited, the parties went before the justice without process, and he m corded a judgment, by confession, without any previous process There was no case before the justice up on which he could give judg ment. It stood solely on the parties’ confession. But in the presen case the parties were regularly before him, and a cause stood foi hearing, upon which the justice was authorized to give judgment upon proof satisfactory to him, whether upon the defendant’s admis sion of the plaintiff’s claim, or on any other evidence.

Judgment affirmed.

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Bluebook (online)

3 Del. 496, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dickinson-v-horn-delsuperct-1842.