Ademski v. Ruth

WOLCOTT, Chief Justice.

This is an appeal from the Superior Court’s denial of appellant’s motion to dismiss appellee’s appeal to the Superior Court from a Justice of the Peace.

Appellee moved to dismiss the appeal. He argues that Rule 5, Del.C.Ann., permitting appeal by serving and filing a notice of appeal requires a waiver by appellee of the issuance of a citation and writ of error. The motion is denied. The rule is clear that the endorsement acknowledging service of the notice, present in this case, is a sufficient signification of an acceptance. No formal waiver of the issuance of a…