Chadwick v. Janaman

I regret that I cannot join in the Court’s Opinion.

As I see it, the appeal raises a narrow issue in statutory construction and, briefly stated, it is this: Does filing a petition for certiorari with the Prothonotary comply with the requirement of 9 Del.C. § 1353? In my view, it does not for several reasons :

First, the Statute requires, not a “filing” but a presentment; it states that the petition “shall be presented.”

Second, there is a significant difference between merely filing a paper with the Clerk of the Court and “presenting” it, which implies a request for judicial action. *744That…