Burris v. Boone

Citations

• 27 Del. 148
• 4 Boyce 148
• 86 A. 730
• 1913 Del. LEXIS 29

Syllabus

<p>Justices of the Peace—Appeal—Judgment Appealable—Judgment of Nonsuit.</p> <p>Under Rev. Code 1852, amended to 1893, p. 754 (18 Del. Laws, c. 99) § 24, allowing appeals in any case where any part of plaintiff’s demand or defend- , ant’s counterclaim exceeding five dollars “is disallowed (or defalked) by the justice”, an appeal will not lie from a judgment of nonsuit and for costs, entered against plaintiff on his failure to appear; it being necessary that there be some proof of an alleged claim and its disallowance to an amount exceeding five dollars.</p>