Legal Opinion

Hearn v. Hearn

Superior Court of Delaware

Decided December 13, 1937No. 3PublishedCited by 2 opinions

1Opinion of the Court

Speakman, J.,

delivering the opinion of the Court:

The question raised by the motion to discharge the rule and to dismiss the petition is “Does the statement of the plaintiff’s demand show a cause of action within the jurisdiction of the Justice?”

If it does show such jurisdiction the motion to discharge the rule and to dismiss the petition should be granted, because

“The Court will exercise its authority to issue Writs of Prohibition, to courts of inferior jurisdiction, only in cases where such courts clearly exceed their jurisdiction, or attempt to usurp a jurisdiction belonging to some other *431fo…

2Cases cited2 opinions

  1. Knight v. HaleySuperior Court of Delaware · 1934
  2. Lund v. OzanneNew Mexico Supreme Court · 1906

3Cited by2 opinions

  1. Malcolm v. LittleSupreme Court of Delaware · 1972
  2. In Re Smyth's PetitionSuperior Court of Delaware · 1961

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