Redden v. Stewart & Townsend

Superior Court of Delaware

Redden v. Stewart & Townsend

1 Del. 495

Superior Court of Delaware·Decided July 5, 1835·Published

Opinion

Record. “Summons issued 22d March, 1834, on account, demanding $49 99, returnable 29th March, 1834. Then returned, executed personally. Deft, not appearing, judgment by default, now, to wit, this 12th April, 1834. Judgment for plff. $49 99 and $1 84 costs.

Exceptions. First. Because judgment was rendered by the justice by default without first having heard the allegations and proofs of the plff. and without trying the cause. Second. Because the summons was returnable on the 29th of March, and judgment was given by default against the deft, on the.12th of April, and the record does not show any adjournment of the cause.

Judgment reversed.

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Record. “Summons issued 22d March, 1834, on account, demanding $49 99, returnable 29th March, 1834. Then returned, executed personally. Deft, not appearing, judgment by default, now, to wit, this 12th April, 1834. Judgment for plff. $49 99 and $1 84 costs.

Exceptions. First. Because judgment was rendered by the justice by default without first having heard the allegations and proofs of the plff. and without trying the cause. Second. Because the summons was returnable on the 29th of March, and judgment was given by default against the deft, on the.12th of April, and the record does not show any adjournment of the cause.

Judgment reversed.

Redden v. Stewart & Townsend, 1 Del. 495 (Del. Ct. App. 1835).

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