Schwander v. Feeney's
Superior Court of Delaware
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
- First Nat. Bank of Drumright v. KnightSupreme Court of Oklahoma · 1927
- Philadelphia, Wilmington & Baltimore Railroad v. SharpeSuperior Court of Delaware · 1899
- Messick v. CoulterSuperior Court of Delaware · 1921
3Cited by14 opinions
- Shoemaker v. StateSupreme Court of Delaware · 1977
- Maddrey v. Justice of the Peace Court 13Supreme Court of Delaware · 2008
- Le Tourneau v. Consolidated Fisheries Co.Supreme Court of Delaware · 1947
- Osmond v. SpenceDistrict Court, D. Delaware · 1971
- Mason v. Board of Pension TrusteesSuperior Court of Delaware · 1983
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