Marshall v. Reed
Superior Court of Delaware
Appeal from a judgment of a Justice of the Peace in and for Sussex County The certificate of the Justice was as follows: “ I do hereby certify that the above is a full and true copy of all the entries of record in the above case of Theodore Reed vs. John Marshall,” etc.
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Appeal from a judgment of a Justice of the Peace in and for Sussex County The certificate of the Justice was as follows: “ I do hereby certify that the above is a full and true copy of all the entries of record in the above case of Theodore Reed vs. John Marshall,” etc. White, for respondent, moved to dismiss the appeal on the ground that the above certificate was defective, in that it did not state that the transcript contained a true copy of all the docket entries in the case, as required by statute, and according to the decisions of the Court in such cases.
1Opinion of the Court
Lore, C. J.:
The language of our statute is, that the Justice shall “ deliver a duly certified transcript of all the docket entries in the case.”
*463Mr. Richardson:—This certificate says “ a full and true copy of all the entries of record in the above case of Theodore Reed vs. John Marshall.” I hold that that is a compliance with the statutory requirements.
Penrewill, J.:—Would not all the entries of record, Mr. White, be even broader than “ all the docket entries”—would not the greater include the less ?
Mr. White:—“ The docket entries ” also includes all the entries ; yet the Court decided in an…
2Cited by1 opinion
- Stellar v. LongSuperior Court of Delaware · 1916