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BERNSTEIN v. BURGESS BATTERY COMPANY

171 A.2d 914 (1961)

Sidney BERNSTEIN t/a Tasty Candy Company, Defendant Below, Appellant, v. BURGESS BATTERY COMPANY, an Illinois corporation, Plaintiff Below, Appellee.

Supreme Court of Delaware.

June 16, 1961.

Attorney(s) appearing for the Case

Nathan P. Michlin and Joseph P. Hurley, Wilmington, for appellant.

Louis Goldstein, Wilmington, for appellee.

SOUTHERLAND, Chief Justice, WOLCOTT, Justice, and SHORT, Vice Chancellor, sitting.

SOUTHERLAND, Chief Justice.

This is an interlocutory appeal from the Superior Court under the recent amendment to Article IV, Section 11 of the Constitution, Del.C.Ann. 52 Del.L. c. 240.

The point before us is whether a losing plaintiff in a suit before a justice of the peace must give security to perfect an appeal to the Superior Court.

Burgess Battery Company sued Sidney Bernstein in the court of a justice...

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