Corporations
George W. Moore, d. b. a., vs. C. H. Pearson Packing Company, a corporation of the State of Maryland, p. b. r.
20 Del. 2904 Penne. 290·Delaware Superior Court·1903·DE
Brief incoming
Hand-reviewed Bluebook brief (procedural posture, facts, issue, holding, reasoning, dissent) ships once the AI generation pipeline runs through this case. Join the waitlist to get notified when 1L briefs go live.
Opinion
George W. Moore, d. b. a., vs. C. H. Pearson Packing Company, a corporation of the State of Maryland, p. b. r.
Appeal; Trial of at First Term—Statute—Trial List—Practice.
The statute, [Rev. Code, Chap, gg, Sec. 26, page Jgg,) provides that the trial shall be had, in appeal cases, at the first term. Thé appeal should be placed, therefore, upon the trial list at the first term after filing of the transcript, and be tried then unless continued by the Court for cause.
(April 27, 1903.)
Lore, C. J., and Spruance and Boyce, J. J., sitting.
Richard R. Kenney and Arley JB. Magee for defendant below appellant.
Henry Ridgely, Jr., for plaintiff below Respondent.
Superior Court, Kent County,
April Term, 1903.
Appeal from a judgment rendered by a Justice of the Peace (No. 15, April Term, 1903). The transcript was filed between the adjournment of the October Term, 1902, and the beginning of the April Term, 1903, and the case was placed upon the trial list for said April Term. Counsel for plaintiff contended that the case should not be placed on the trial list, it being the first term after the filing of the transcript, and that this being the appearance term the case was not at issue and they, therefore, asked that it be continued until the next term.
Mr. Ridgely opposed the application, contending that the case was properly on the trial list, and that the first term after the filing of the transcript was the trial term in appeal cases, as provided by the statute.
[MAJORITY — Lore, C. J.:]
Lore, C. J.:
—The statute (Rev. Code, Chap. 99, Sec. £6, p. 755,) provides that “ the trial shall be had at the first term.” The appeal should be placed, therefore, upon the trial list at the first term after the filing of the transcript and be tried then unless continued by the Court for cause. As the counsel for plaintiff below, respondent asks for a trial, and no legal ground for continuance has been laid, and it being properly placed upon the trial list, we hold that it must be tried at this term.