Legal Opinion

Schwander v. Feeney's

Superior Court of Delaware

Decided December 17, 1942No. 140PublishedCited by 14 opinions

1Opinion of the Court

Rodney, J.,

delivering the opinion of the Court:

Before considering the exceptions filed we shall briefly consider the availability of certiorari proceedings when directed solely to an execution issued by a Justice of the Peace on a concededly valid judgment. In Delaware, it is a broad general rule that a writ of certiorari lies from a superior court to inferior tribunals to correct errors of law, *203to review proceedings not conducted according to law, and to restrain an excess of jurisdiction. Woolley on Delaware Practice, Sec. 896. Because the jurisdiction of a Justice is purely statutory in…

2Cases cited3 opinions

  1. First Nat. Bank of Drumright v. KnightSupreme Court of Oklahoma · 1927
  2. Philadelphia, Wilmington & Baltimore Railroad v. SharpeSuperior Court of Delaware · 1899
  3. Messick v. CoulterSuperior Court of Delaware · 1921

3Cited by14 opinions

  1. Shoemaker v. StateSupreme Court of Delaware · 1977
  2. Maddrey v. Justice of the Peace Court 13Supreme Court of Delaware · 2008
  3. Le Tourneau v. Consolidated Fisheries Co.Supreme Court of Delaware · 1947
  4. Osmond v. SpenceDistrict Court, D. Delaware · 1971
  5. Mason v. Board of Pension TrusteesSuperior Court of Delaware · 1983

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