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17 Del. 80

Roe v. Stevenson

Superior Court of Delaware

Decided November 2, 1897

Superior Court of Delaware · decided 1897-11-02

Jester, a Justice of the Peace in and for Kent County. The record of the Justice disclosed that the plaintiff below brought an action of debt against the defendant below for illegal distraint; demand $5 00. Both parties demanding trial by referees, the same were appointed by the Justice.

Decided 1897-11-02

¶1Counsel for plaintiff in error filed, among others, the following exception to the record of the Justice, viz :

¶2“ For that the referees not finding the defendant below, plaintiff in error, indebted to the said plaintiff below, defendant in error, in any amount, should have reported to the said Justice that they found no cause of action, and should have left the costs to be made up by the said Justice, and which should have been against the plaintiff below, defendant in error.”

¶3Judgment reversed.

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