Stephenson v. Newcomb
Superior Court of Delaware
Appeal from the judgment of a justice of the peace in Sussex county. Rodney obtained a judgment by attachment process against Joshua Lamb, and issued execution to William Newcomb, constable, who levied on the goods of Lamb, and attached a debt in the hands of one of Lamb’s creditors. The proceeding on the attachment against Lamb was very irregular on the face of the record.
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Appeal from the judgment of a justice of the peace in Sussex county. Rodney obtained a judgment by attachment process against Joshua Lamb, and issued execution to William Newcomb, constable, who levied on the goods of Lamb, and attached a debt in the hands of one of Lamb’s creditors. The proceeding on the attachment against Lamb was very irregular on the face of the record. It was against him as an absconding debtor, and judgment was rendered by the magistrate, without the report of referees, the demand being above $5 33. The notices were defective, none having been posted in the hundred of…
1Opinion of the Court
The Court.
We cannot inquire into the regularity of this judgment. It is the judgment of a competent tribunal coming collaterally in question, and is conclusive. If we can enter into these questions of irregularity in respect to Rodney’s judgment, we may also re-try those under which the defendant claims the proceeds of the goods attached or sold on execution, and thus run this case into inextricable confusion.
We do not point out a remedy. If there be none, it is a defect which the legislature onght to cure; but whilst the judgment stands unreversed, we must take it to be a valid judgment. If…
2Cases cited3 opinions
- Dygert v. CraneNew York Supreme Court · 1828
- State v. PeverlySupreme Court of Delaware · 1924
- Bell v. Viavi Co.Superior Court of Delaware · 1929