Trala v. Melmar Industries, Inc.

OPINION

O’HORA, Judge.

Appellants, defendants before a Justice of the Peace Court below, seek reversal of a judgment for the appellee, plaintiff below. Appellee has moved to dismiss on grounds that no signed entry of security, as required for such appeal by 10 Del.C. § 9579, appears in the record.

Appellants have submitted affidavits indicating that a Magistrate’s clerk or secretary told them that a cash deposit in the amount of the judgment appealed from was necessary in order to prosecute the appeal. The cash deposit was made and appeal papers were issued. Appellants at the time were without…