Tappan v. Roberts

Citations

• 27 Del. 432
• 4 Boyce 432
• 89 A. 54
• 1913 Del. LEXIS 60

Syllabus

<p>1. Justices of the Peace—Appeal—Trial of Cause Anew—Pleading.</p> <p>Where the pro-narr filed in the Superior Court on appeal from a justice of the peace differs from the transcript of the action below, the proper way to take advantage of the irregularity is by a motion to strike out the declaration.</p> <p>2. Justices of the Peace—Appeal—Trial of Cause Anew—Pleading.</p> <p>Where the pro-narr filed in the Superior Court on appeal from a justice of the peace differs from the transcript of the action below, advantage must be taken of the irregularity at the earliest opportunity, and it is too late after the narr. has been pleaded over and issue has been joined.</p>