Williams v. Singleton

Southerland, C. J.:

Singleton (appellee) brought a civil suit in a Justice of the Peace court against Williams (appellant) and recovered a judgment. The judgment was entered March 18, 1959. Williams appealed from this judgment on April 2, 1959. The Superior Court dismissed the appeal on the ground that it was filed too late. Williams appeals.

The applicable appeal statute is found in 10 Del. C. § 9578 (a), which provides as follows:

“(a) An appeal shall he allowed by the Justice at any time within 15 days from the day of giving the judgment and not after, counting that day as one, upon the party…