Bunting v. Hudson
Superior Court of Delaware
Action before a justice of the peace by Clara Hudson against Moxie Bunting. Judgment for plaintiff, and defendant brings certiorari. On exceptions to the record and proceedings before the justice. The record sent up shows that the justice set down in his docket the cause of action as, “Action on assumpsit for $16.08 is demanded.”
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Action before a justice of the peace by Clara Hudson against Moxie Bunting. Judgment for plaintiff, and defendant brings certiorari. On exceptions to the record and proceedings before the justice. The record sent up shows that the justice set down in his docket the cause of action as, “Action on assumpsit for $16.08 is demanded.” The exceptions, in substance, are: The record does not show (1) the cause of action; (2) that the justice had jurisdiction of the cause of action; and (3) that the justice, as required by the statute, set down in his docket the cause of action.
1Opinion of the Court
Boyce, J.:
Rev. Code 1915, §4028, requires every justice of the peace to set down in his docket, among other matters, “the cause of action’’ of every action commenced before him. The obvious purpose of the requirement is to reasonably inform the defendant of the nature and character of the demand which he is called on to meet or defend. The statement of the cause of action as “assumpsit for $16.08’’ does not so inform the defendant; for from such statement it does not appear whether the action is based on an express or implied promise, or contract, for the payment of money, delivery of…
2Cases cited1 opinion
- Saint Joseph's Polish Catholic Beneficial Society v. Saint Hedwig's ChurchSuperior Court of Delaware · 1901