David v. Frantz

Citations

• 30 Del. 293
• 7 Boyce 293
• 105 A. 837
• 1919 Del. LEXIS 30

Syllabus

<p>1. Landlord and Tenant—Unlawful Detainer—Judgments Appeal-able—Court of Common Pleas.</p> <p>Under Rev. Code 1915, §§ 3763c, 3763ft, as amended by 29 Del. Laws, c. 250, §§ 5, 8, providing that the right of appeal from the court of common pleas for New Castle County shall correspond to right of appeal from justices of peace, an appeal will not lie from judgment in landlord’s action for possession against hold-over tenant, no appeal in forcible entry and detainer and hold-over cases being prescribed by Rev. Code 1915, §§ 4066-4084, defining right of appeal from justices of peace.</p> <p>2. Landlord and Tenant—Unlawful Detainer—Judgments Appeal-able.</p> <p>Rev. Code 1915, § 4034, providing for appeals from justices of the peace in action of debt made applicable to court of common pleas for New Castle county, does not authorize an appeal from judgment in landlord's action for possession against holding over tenant.</p>