Moore v. C. H. Pearson Packing Co.

Superior Court of Delaware

Moore v. C. H. Pearson Packing Co.

55 A. 5, 20 Del. 290, 4 Penne. 290, 1903 Del. LEXIS 22

DecidedApril 27, 1903

StatusPublished

This text of 55 A. 5 (Moore v. C. H. Pearson Packing Co.) 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

Moore v. C. H. Pearson Packing Co., 55 A. 5, 20 Del. 290, 4 Penne. 290, 1903 Del. LEXIS 22 (Del. Ct. App. 1903).

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Opinion

Lore, C. J.:

—The statute (Rev. Code, Chap. 99, Sec. £6, p. 755,) provides that “ the trial shall be had at the first term.” The appeal should be placed, therefore, upon the trial list at the first term after the filing of the transcript and be tried then unless continued by the Court for cause. As the counsel for plaintiff below, respondent asks for a trial, and no legal ground for continuance has been laid, and it being properly placed upon the trial list, we hold that it must be tried at this term.

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Lore, C. J.:

—The statute (Rev. Code, Chap. 99, Sec. £6, p. 755,) provides that “ the trial shall be had at the first term.” The appeal should be placed, therefore, upon the trial list at the first term after the filing of the transcript and be tried then unless continued by the Court for cause. As the counsel for plaintiff below, respondent asks for a trial, and no legal ground for continuance has been laid, and it being properly placed upon the trial list, we hold that it must be tried at this term.

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Bluebook (online)

55 A. 5, 20 Del. 290, 4 Penne. 290, 1903 Del. LEXIS 22, Counsel Stack Legal Research, https://law.counselstack.com/opinion/moore-v-c-h-pearson-packing-co-delsuperct-1903.