Taylor v. Warrington
Superior Court of Delaware
Action by Emil A. Taylor against Frederick T. Warrington before a justice of the peace. Judgment for plaintiff and defendant brings certiorari, commanding the justice to send up record of judgment. Exceptions filed, the one relied upon being stated in the opinion of the court.
1Opinion of the Court
Pennewill, C. J.,
delivering the opinion of the court.
The exception relied on is that the record does not show that the referees were sworn by the justice.
The record sent up contains the report of the referees which states that:
“We the subscribers, appointed referees in this case by the said justice, after being sworn or affirmed by him to faithfully and impartially try the cause,” etc.
This report, as well as the execution issued on the judgment, is made a part of the record, the justice certifying at the end as follows:
“I hereby certify that the above is a true and correct transcript of all…
2Cited by1 opinion
- Young v. YoungSuperior Court of Delaware · 1922