Guarantee Friendly Fund of the Temperance Mutual Benefit Ass'n of Pennsylvania v. Henderson

Superior Court of Delaware

Guarantee Friendly Fund of the Temperance Mutual Benefit Ass'n of Pennsylvania v. Henderson

50 A. 535, 19 Del. 157, 3 Penne. 157, 1901 Del. LEXIS 7

CourtSuperior Court of Delaware

DecidedMarch 13, 1901

DocketCertiorari No. 4

StatusPublished

This text of 50 A. 535 (Guarantee Friendly Fund of the Temperance Mutual Benefit Ass'n of Pennsylvania v. Henderson) 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

Guarantee Friendly Fund of the Temperance Mutual Benefit Ass'n of Pennsylvania v. Henderson, 50 A. 535, 19 Del. 157, 3 Penne. 157, 1901 Del. LEXIS 7 (Del. Ct. App. 1901).

Pincite

Opinion

Lore, C. J.:

On eof the exceptions in this case is that the cause of action set out by the Justice of the Peace does not show that it was within the jurisdiction of the Justice, the only statement being “ action of assumpsit on covenant.” While in the case of Colesberry vs. Stoopes, 1 Harr., 448, the Court held that covenant would lie before a Justice of the Peace in some cases, yet in that case a distinct cause of action was set out, showing that it was within the jurisdiction of the Justice of the Peace. In the case now before the Court, however, there is nothing but the word covenant, and we think it is not a sufficient statement to show that it was within the jurisdiction of the Justice. Covenant is a general [159]*159term, and the record must set out specifically what the cause of action is, so as to bring it within the jurisdiction of a Justice of the Peace, as was done in the case cited above from 1 Harrington.

For that reason let the judgment below be reversed.

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

Lore, C. J.:

On eof the exceptions in this case is that the cause of action set out by the Justice of the Peace does not show that it was within the jurisdiction of the Justice, the only statement being “ action of assumpsit on covenant.” While in the case of Colesberry vs. Stoopes, 1 Harr., 448, the Court held that covenant would lie before a Justice of the Peace in some cases, yet in that case a distinct cause of action was set out, showing that it was within the jurisdiction of the Justice of the Peace. In the case now before the Court, however, there is nothing but the word covenant, and we think it is not a sufficient statement to show that it was within the jurisdiction of the Justice. Covenant is a general [159]*159term, and the record must set out specifically what the cause of action is, so as to bring it within the jurisdiction of a Justice of the Peace, as was done in the case cited above from 1 Harrington.

For that reason let the judgment below be reversed.

Cite This Page — Counsel Stack

Bluebook (online)

50 A. 535, 19 Del. 157, 3 Penne. 157, 1901 Del. LEXIS 7, Counsel Stack Legal Research, https://law.counselstack.com/opinion/guarantee-friendly-fund-of-the-temperance-mutual-benefit-assn-of-delsuperct-1901.