Lynam v. Wiggin
Superior Court of Delaware
Action by George H. Wiggin against Loro H. Lynam, before a Justice of the Peace. Judgment for plaintiff. Defendant brings certiorari. Affirmed. Counsel for the defendant below contended that the requirement of the statute that the justice should appoint “judicious and impartial men of the county” was jurisdictional, and that the fact that the record did not disclose that the referees so appointed were “judicious and impartial men of the county,” was fatal.
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Action by George H. Wiggin against Loro H. Lynam, before a Justice of the Peace. Judgment for plaintiff. Defendant brings certiorari. Affirmed. Counsel for the defendant below contended that the requirement of the statute that the justice should appoint “judicious and impartial men of the county” was jurisdictional, and that the fact that the record did not disclose that the referees so appointed were “judicious and impartial men of the county,” was fatal. He referred to the case of Jacoby v. Bolen, 6 Pennewill, 240, 67 Atl. 199, but insisted that the decision was erroneous and should be…
1Opinion of the Court
Conrad, J.:
The case of Jacoby v. Bolen, 6 Pennewill, 240, 67 Atl. 199, is controlling.
*447Boyce, J.:
The decision in the Jacoby Case is approved by the court, and it is decisive of the question by the exception to the record filed in this case. The judgment below is affirmed.
2Cases cited1 opinion
- Jacoby v. BolenSuperior Court of Delaware · 1907