Early v. Adams

Superior Court of Delaware

Early v. Adams

3 Del. 321

DecidedJuly 5, 1841

StatusPublished

This text of 3 Del. 321 (Early v. Adams) 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

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

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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.

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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.

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Bluebook (online)

3 Del. 321, Counsel Stack Legal Research, https://law.counselstack.com/opinion/early-v-adams-delsuperct-1841.