Jones v. Morris — 4 Del. 104

Majority

p. 104

PHILIP C. JONES and JOHN SPENCER vs. DAVID MORRIS.

Headnote

Certiorari.

Judgment was rendered against the defendants below, on the re

p. 105

port of referees for $23 62, The defendants below prayed an appeal. The justice on application of the plaintiff below, granted a ■new trial, and without the request of either party, ordered the case to be heard by referees. They made a report on the second trial, and the justice entered judgment for a greater sum than that mentioned in the award.

Judgment and proceedings below reversed.