Contracts · MBE-tested
WILLIAM EARLY, def't. below vs. JAMES ADAMS, pl'ff. below
3 Del. 3213 Harr. 321·Delaware Superior Court·1841·DE
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Opinion
WILLIAM EARLY, def't. below vs. JAMES ADAMS, pl’ff. below.
In a certiorari the court will not allow the exceptant to go into proof of want of consideration, ur illegality, of the instrument on which the judgment below was rendered.
CeRtioraui to Justice Wilson.
Record. Action on a note of hand under seal, dated June 27,1840, vith a power of attorney to any justice of the peace to enter judgment thereon, with stay of exécution till the 11th of November next, |or $5 00 with interest. Judgment entered November 17, 1840, by fm. B. Wilson, J. P.
Brinckhe, for defendant below.
[MAJORITY]
The defendant now filed an affidavit stating that the note was for bet upon the general election, and therefore illegal; and
BrincMoe, for him, moved the court for leave to impeach the re-lord by proof of this fact; which was refused, on the ground that the lonsideration of the note could not be thus inquired into; and, if it lould, such a case does not fall within the very narrow class of cases (diere, on certiorari, the court would inquire into facts beyond the re-ird; it would in fact amount to the trial of an appeal on certiorari.
Judgment affirmed.