Early v. Adams

Superior Court of Delaware

Early v. Adams

3 Del. 321

Superior Court of Delaware·Decided July 5, 1841·Published

Opinion

The defendant now filed an affidavit stating that the note was for bet upon the general election, and therefore illegal; and

BrincMoe, for him, moved the court for leave to impeach the re-lord by proof of this fact; which was refused, on the ground that the lonsideration of the note could not be thus inquired into; and, if it lould, such a case does not fall within the very narrow class of cases (diere, on certiorari, the court would inquire into facts beyond the re-ird; it would in fact amount to the trial of an appeal on certiorari.

Judgment affirmed.

Free access — add to your briefcase to read the full text and ask questions with AI

The defendant now filed an affidavit stating that the note was for bet upon the general election, and therefore illegal; and

BrincMoe, for him, moved the court for leave to impeach the re-lord by proof of this fact; which was refused, on the ground that the lonsideration of the note could not be thus inquired into; and, if it lould, such a case does not fall within the very narrow class of cases (diere, on certiorari, the court would inquire into facts beyond the re-ird; it would in fact amount to the trial of an appeal on certiorari.

Judgment affirmed.

Early v. Adams, 3 Del. 321 (Del. Ct. App. 1841).

Pincite

3 Del. 321 (Early v. Adams) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.