Legal Opinion · Dissent

Cunningham v. Dixon

Superior Court of Delaware

Decided November 15, 1893Published

This was a certiorari to the judgment of a Justice of the Peace. The facts of the case and the exceptions will appear from the opinion.

1DissentCullen, J.

The suit upon which judgment in this case was recovered was commenced before a Justice of the Peace in New Castle County, and judgment was rendered on the 31st of October, 1885. The writ of error was sued out on the 6th day of July, 1886. On the 8th of April, 1881, an act was passed providing that no action should be brought by a Justice of the Peace against a party, save in the hundred in which said Justice resided or the adjoining hundred. The record sent up does not disclose or aver the fact that the said Esther Cunningham was a resident within the hundred of the said Justice or the…

2Cases cited5 opinions

  1. Calder v. BullSupreme Court of the United States · 1798
  2. Ogden, Administrator of Cornell v. Blackledge, of SalterSupreme Court of the United States · 1804
  3. Town of Danville v. PaceSupreme Court of Virginia · 1874
  4. Beadleston v. SpragueNew York Supreme Court · 1810
  5. Moore v. IsbelSupreme Court of Iowa · 1875

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