Minus v. Stant

Superior Court of Delaware

Minus v. Stant

1 Del. 445

DecidedJuly 1, 1834

StatusPublished

This text of 1 Del. 445 (Minus v. Stant) 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

Minus v. Stant, 1 Del. 445 (Del. Ct. App. 1834).

Pincite

Opinion

The Chief Justice charged the jury—That if the judgment of the deft. Stant was actually paid; or there was a positive contract for the hire of the boys and that their hire should be in payment of the judgment and was to the amount of the judgment; if the deft after-wards took out an execution which was levied on the plff. ’s goods this would in him be a trespass. 13 Com. Law Rep. 104. And if Stant ordered Harvey to proceed with the sale and sell to the amount of his execution when it had not been in his hands ten days, and he did so sell, Stant is from this command a trespasser as well as the constable.

Verdict for plaintiff.

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The Chief Justice charged the jury—That if the judgment of the deft. Stant was actually paid; or there was a positive contract for the hire of the boys and that their hire should be in payment of the judgment and was to the amount of the judgment; if the deft after-wards took out an execution which was levied on the plff. ’s goods this would in him be a trespass. 13 Com. Law Rep. 104. And if Stant ordered Harvey to proceed with the sale and sell to the amount of his execution when it had not been in his hands ten days, and he did so sell, Stant is from this command a trespasser as well as the constable.

Verdict for plaintiff.

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Bluebook (online)

1 Del. 445, Counsel Stack Legal Research, https://law.counselstack.com/opinion/minus-v-stant-delsuperct-1834.