Legal Opinion

Brown v. C. H. Butterworth & Co.

Superior Court of Delaware

Decided October 31, 1904No. 42PublishedCited by 1 opinion

Certiorari The following exception was filed to the record: “ For that as appears from the record and proceedings, the said defendants below, plaintiffs in error, did not appear at the hearing of said cause; the judgment was rendered against them by default and the return of the service was not first verified by the constable’s affidavit in writing as by law required, before the rendering of judgment.”

1Opinion of the Court

Lore, C. J.:

The record says the service was verified according to law. We do not think that it is necessary that it should be upon the back of the writ. There is nothing to show that it was not verified according to law.

Let the judgment below be affirmed.

2Cited by1 opinion

  1. Bernhand v. EnnisSuperior Court of Delaware · 1927