Perkins v. Westinghouse Air Brake Co.
Citations
- 10 Del. Ch. 187
- 87 A. 1027
- 1913 Del. Ch. LEXIS 19
Syllabus
<p>An adjournment may be taken by a justice of the peace, or referees, to consider the evidence.</p> <p>Adjournments by a justice of the peace must be to a fixed date.</p> <p>An adjournment by a justice of the peace, except to a fixed date, is error reversible on certiorari.</p> <p>A judgment cannot be entered by a justice of the peace otherwise than on the day to which the cause was adjourned.</p> <p>An irregular adjournment by a justice of the peace is waived by a subsequent appearance in the cause.</p> <p>If an irregular adjournment is taken by a justice of the peace at the request, or with the consent, of a party, that party cannot subsequently take advantage of such irregularity.</p> <p>Even if the parties are entitled to notice of the entry of a judgment after an indefinite continuance taken by a justice of the peace, it is inequitable to give to a party who is not diligent any advantage of the absence of such notice.</p>
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- a court may allow an appellant to correct a mere clerical error in the notice of intention to appeal where there is no prejudice to the appellee
- the court may properly allow an appellant to correct a mere clerical error in the title to his notice of intention to appeal where there is no prejudice to the appellee
Source: CourtListener parenthetical corpus (CC0).
Sourced from CourtListener / Free Law Project (CC0).
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