Bupp v. Kleitz
Court of Chancery of Delaware
Injunction Bill. The complainant, being the tenant of premises in the City of Wilmington, known as No. 832 Market Street, filed a bill to restrain proceedings instituted before.a -justice of the peace by Bernard Kleitz and. George Kleitz, owners of the premises, to secure possession thereof. The case before the justice was heard by referees and judgment rendered in favor of the owners of the property.
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Injunction Bill. The complainant, being the tenant of premises in the City of Wilmington, known as No. 832 Market Street, filed a bill to restrain proceedings instituted before.a -justice of the peace by Bernard Kleitz and. George Kleitz, owners of the premises, to secure possession thereof. The case before the justice was heard by referees and judgment rendered in favor of the owners of the property. The alleged irregularities in the proceedings before the justice are stated in the opinion. The cause was heard on bill and affidavits at the return of a rule requiring the defendants to show…
1Opinion of the Court
The Chancellor.
The complainant relies on several in-formalities to entitle him to an injunction to restrain further proceedings on the judgment against him obtained before the justice of the peace in the action brought by the defendants, Bernard and George Kleitz, to recover possession as a holding-over tenant. (1) The writ of summons when and as issued by the justice of the peace did not contain a statement of the return day thereof, the date and hour, but not the day of the month being filled in by the constable at the time of the service thereof. (2) The justice of the peace refused to…
2Cases cited2 opinions
- Marvel v. OrtlipCourt of Chancery of Delaware · 1866
- Clough v. CookCourt of Chancery of Delaware · 1913
3Cited by2 opinions
- Malcolm v. LittleSupreme Court of Delaware · 1972
- Pefkaros v. HarmanCourt of Chancery of Delaware · 1934