¶1It appears by the record that the parties appeared voluntarily on the 23d of Sept, as ready for trial- and that the defendant asked for a trial by referees; the court must therefore infer that the case was heard and concluded that day by the mutual consent of the parties, and the defendant was consequently estopped from objecting to the judgment on that ground. The judgment below must therefore be affirmed.
8 Del. 214
Bedwell v. Dee
Decided July 1, 1865
Superior Court of Delaware · decided 1865-07-01
Certiorari. The record showed that the parties appeared on the 16th of September, 1865, and the defendant claimed a postponement of the case, and the case continued to Saturday the 30th inst. And now, to wit, this day, Sept. 23rd, 1865, the plaintiff appears and the defendant by his attorney, J. Pratt, Esq., and ready for trial.
Decided 1865-07-01