Legal Opinion

Wiggin v. Massey

Superior Court of Delaware

Decided March 16, 1914PublishedCited by 2 opinions

Action before a justice of the peace by William Massey and others against George B. Wiggin. There was a judgment for plaintiffs, and defendant brings certiorari (No. 30, January Term, 1914), commanding the justice of the peace to send up record of judgment. Alias citation (No. 12, March Term, 1914). Exceptions filed. There was no appearance for one of the defendants.

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Action before a justice of the peace by William Massey and others against George B. Wiggin. There was a judgment for plaintiffs, and defendant brings certiorari (No. 30, January Term, 1914), commanding the justice of the peace to send up record of judgment. Alias citation (No. 12, March Term, 1914). Exceptions filed. There was no appearance for one of the defendants. The return upon the original citation was: “Cited personally William Massey, Isaac Massey, an infant, and Daniel Massey, his father and next friend, December 15, 1913, and non est inventus as to David Massey.” The return upon the…

1Opinion of the Court

Boyce, J.:

[1] The citation should be served upon the defendant, or defendants, on or before the return day of the writ. Where there are two or more defendants, the citation should be served upon each of them.

In this case one of the defendants has not been served. In appeals from justices of the peace, this court has held two returns of non est inventus equivalent to a service; and where there is *484failure of personal service of the citation accompanying a writ of error, the Supreme Court will on two returns of non est inventus hear and determine the writ ex parte. Vandergrift v. Page, 5 Harr.…

2Cited by2 opinions

  1. In re Sharpley's WillSuperior Court of Delaware · 1922
  2. Smulski v. H. Feinberg Furniture Co.Superior Court of Delaware · 1937

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