Legal Opinion

Hopkins v. Justice of Peace Court No. 1

Superior Court of Delaware

Decided June 13, 1975PublishedCited by 14 opinions

1Opinion of the Court

OPINION

WALSH, Judge.

Petitioners, residents of Sussex County, are tenants of certain rental properties located near Millsboro, Delaware. They seek a writ of prohibition to prevent their landlord, Robert B. Atkins (Atkins) from prosecuting four landlord-tenant actions against them in a Justice of the Peace Court, under the provisions of 25 Del.C. § 5701 et seq, which provides a Summary Possession proceeding. Upon the filing of Atkins’ claim in the Justice of the Peace Court, the petitioners appeared, raised various defenses and inter alia demanded a trial by jury. Upon the denial of the latter…

2Cases cited12 opinions

  1. Pernell v. Southall RealtySupreme Court of the United States · 1974
  2. Collison v. StateSupreme Court of Delaware · 1938
  3. Mills v. StateSupreme Court of Delaware · 1969
  4. Matushefske v. HerlihySupreme Court of Delaware · 1965
  5. Knight v. HaleySuperior Court of Delaware · 1934

7 more not listed; retrieve them via the Exa API.

3Cited by14 opinions

  1. Claudio v. StateSupreme Court of Delaware · 1991
  2. Gattis v. StateSupreme Court of Delaware · 1994
  3. McCool v. GehretSupreme Court of Delaware · 1995
  4. Lecates v. Justice Of The Peace Court No. 4 Of The State Of DelawareCourt of Appeals for the Third Circuit · 1980
  5. Bomba's Restaurant & Cocktail Lounge, Inc. v. Lord De La Warr Hotel, Inc.Supreme Court of Delaware · 1978

9 more not listed; retrieve them via the Exa API.

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