Emory v. Columbia Wagon Co.

Citations

• 22 Del. 70
• 6 Penne. 70
• 63 A. 874
• 1906 Del. LEXIS 24

Syllabus

<p>Certiorari—Exceptions—Plaintiff not present at Trial—But affidavit and other papers and letters were admitted, in evidence— Motion for nonsuit at trial; Not noted by Justice.</p> <p>1. Exceptions to the record of the Justice were (1) that the Justice had no evidence before him upon which to render judgment; and (2) that the record failed to show that the defendant claimed a nonsuit at the trial.</p> <p>2. Held that although it appeared from the record that the plaintiff was not present at the trial, it did appear that he had at the trial an affidavit and other papers and letters as evidence, and the record says that “after hearing and examining all the allegations of the parties and their proofs,” etc.: held also that while there may be circumstances under which this Court will allow the record to be supplemented, they are not present in this case. Diminution could have been alleged if the Justice did not put down all that the record should show. Judgment affirmed.</p>