State Ex Rel. Caulk v. Nichols

(For the majority of the Court).

The relators, Bernard Caulk and Delores Caulk, his wife, were the defendants in an action brought by their landlord, a corporation, to recover unpaid rent for the dwelling house in which they lived. The action was brought in Magistrate Court No. 13, where it was heard by Justice of the Peace Nichols, appellee herein. The amount of the judgment was $300.00, plus costs. The relators requested an appeal to the Superior Court without furnishing security as required by 10 Del.C. § 9578 (b). Judge Nichols refused to permit the appeal in the absence of surety on the…