Etheridge v. Middleton

Superior Court of Delaware

Etheridge v. Middleton

15 Del. 139

DecidedMay 15, 1893

StatusPublished

This text of 15 Del. 139 (Etheridge v. Middleton) 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

Etheridge v. Middleton, 15 Del. 139 (Del. Ct. App. 1893).

Pincite

Opinion

May Term, 1893.

Judgment. Justice of the Peace,—A judgment by a Justice of the Peace will be reversed where it is not for a sum certain.

Certiorari to Justice William H. Smith, of Hew Castle County. [140]*140The record showed that it was an action of assumpsit for goods sold and delivered, the demand being $86.83, and that the Justice entered judgment as follows: “I give judgment against the defendant and in favor of the plaintiff in the sum of $86.83 with interest and $2.30 cost.”

The Court reversed the judgment below upon the exception that it “ was not for a sum certain.”

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May Term, 1893.

Judgment. Justice of the Peace,—A judgment by a Justice of the Peace will be reversed where it is not for a sum certain.

Certiorari to Justice William H. Smith, of Hew Castle County. [140]*140The record showed that it was an action of assumpsit for goods sold and delivered, the demand being $86.83, and that the Justice entered judgment as follows: “I give judgment against the defendant and in favor of the plaintiff in the sum of $86.83 with interest and $2.30 cost.”

The Court reversed the judgment below upon the exception that it “ was not for a sum certain.”

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Bluebook (online)

15 Del. 139, Counsel Stack Legal Research, https://law.counselstack.com/opinion/etheridge-v-middleton-delsuperct-1893.