Wyatt v. Tam — 16 Del. 370

Majority

p. 370

Elijah L. Wyatt, d. b. a. vs. John L. Tam, p. b. r.

Sussex County,

April Term, 1894.

Headnote

•Appeal. Justice of tile Peace.—In an appeal from a Justice of the Peace a set off may be shown though the record does not show that it was pleaded before the Justice ; the case proceeds on the appeal de novo.

This was an appeal from a Justice of the Peace in an action of assumpsit for the proceeds of a crop. The narr contained the common counts.

At the trial the. defendant offered evidence of set off.

p. 371

W. H. Boyce, fur the plaintiff,

objected on the ground that the record does not show that a set off was pleaded.

C. W. Cullen, for the defendant, replied.

If the judgment below was final, the defendant would be barred, but when the case is taken up on appeal, the pleadings are de novo, and the entire case may be gone into.