Summary
In Waters v. Crawford, 2 T. C. 602, in construing chapter 240 of the Laws of 1842, the language of which was: "All rent in arrears at the time of such payment or tender, and all costs and charges incurred by the landlord," it was said that this meant the costs and charges of obtaining possession; and substantially to this effect is Pursell v. Ins. Co., 42 N.Y. Super. Ct. 383.
Summary of this case from Bien v. BixbyOpinion
1814-1818.
Appeal from the court of a justice of the peace. Lydia Waters brought a suit before James Schee, Esq., against Crawford. The cause was referred to auditors pursuant to the Act, who returned "no cause of action," and judgment for defendant. Plaintiff appealed.
Clayton for the respondent moved to dismiss the appeal. An appeal does not lie in cases determined on the report of auditors where the debt and damages do not exceed £5, 2 Del. Laws 1046, c. 250, s. 12. And the amount of the debt and damages cannot be shown by any matter dehors the record to be greater than five pounds, so that, if upon the report of referees judgment be rendered for the defendant or for the plaintiff and for less than £5 in amount, no appeal lies from the court below: and so it was adjudged in [ ___ ] he said.
Blank in manuscript.
Ridgely, contra. The construction of the Act contended for leads to this gross absurdity, that the greater the injury the plaintiff suffers from the report, the less right has he to a remedy. Suppose plaintiff claims $50.00 and recovers £6, he may appeal, but if he recover nothing he cannot. The equitable and fair construction of the exception in this Act is that the amount of the debt and damages claimed must be to a greater amount than £5, and not the amount of debt and damages awarded.
There is nothing in this case to distinguish it from those cited by the counsel for the respondent.
Appeal dismissed.