Thompson v. Pearce

Superior Court of Delaware

Thompson v. Pearce

3 Del. 497

DecidedJuly 1, 1842

StatusPublished

This text of 3 Del. 497 (Thompson v. Pearce) 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

Thompson v. Pearce, 3 Del. 497 (Del. Ct. App. 1842).

Pincite

Opinion

The Court.

The jurisdiction of the justice sufficiently appears; and there is no denial of this by the defendant’s affidavit. The ma-| gistrate is not bound to send up the evidence in the cause.

The law requires that if the defendant insists upon a counter claim¡ he shall bring it forward before the justice. The meaning of this is,| that he shall bring it forward in such manner as to conclude him, i the decision be against him; if he would have the benefit of it as th ground of appeal. (§§ 8, 22.)

Judgment affirmed.

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The Court.

The jurisdiction of the justice sufficiently appears; and there is no denial of this by the defendant’s affidavit. The ma-| gistrate is not bound to send up the evidence in the cause.

The law requires that if the defendant insists upon a counter claim¡ he shall bring it forward before the justice. The meaning of this is,| that he shall bring it forward in such manner as to conclude him, i the decision be against him; if he would have the benefit of it as th ground of appeal. (§§ 8, 22.)

Judgment affirmed.

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Bluebook (online)

3 Del. 497, Counsel Stack Legal Research, https://law.counselstack.com/opinion/thompson-v-pearce-delsuperct-1842.