State ex rel. Brumley v. Jessup & Moore Paper Co.
Supreme Court of Delaware
Writ of Error to Superior Court for New Castle County. Case below (No. 114, June Term, 1908) in 7 Penn. 397. This was a motion to dismiss the writ of error on the ground that the refusal of the court below to quash the return to the alternative writ .of mandamus which had been awarded by the court below was not a judgment or proceeding reviewable by the Supreme Court on a writ of error.
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Writ of Error to Superior Court for New Castle County. Case below (No. 114, June Term, 1908) in 7 Penn. 397. This was a motion to dismiss the writ of error on the ground that the refusal of the court below to quash the return to the alternative writ .of mandamus which had been awarded by the court below was not a judgment or proceeding reviewable by the Supreme Court on a writ of error. The motion was dismissed, and the case proceeded tó a hearing and adjudication on the merits. (See 1 Boyce, 379.) The questions presented appear in the opinion of the court.
1Opinion of the Court
Pennewill, C. J.,
delivering the opinion of the court:
A motion is made by the defendant in error to dismiss the writ of error issued in the above stated case, on the ground that “there is no judgment or any order in the nature thereof, or equivalent thereto, rendered or entered in the court below to which a writ of error should be issued or which it is proper to ask the Supreme-. Court to consider, review or reverse.”
In the court below a motion was made by the plaintiff to> quash the return to the alternative writ of mandamus, and the-motion was refused.
[1] The specific question raised by the…
2Cases cited1 opinion
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