Hitch v. Burris
Superior Court of Delaware
Action by Edward F. Burris and another, trading as E. F. Burris and Son, before a justice of the peace, against Roscoe C. Hitch. Judgment for plaintiffs. Defendant brings certiorari.
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Action by Edward F. Burris and another, trading as E. F. Burris and Son, before a justice of the peace, against Roscoe C. Hitch. Judgment for plaintiffs. Defendant brings certiorari. A “forthwith” summons was issued on December 18, A. D. 1917. Rev. Code 1915, § 4028, requires that every justice of the peace shall make a fair entry, in a docket, of every action commenced before him, therein setting down certain matters, “and in case of a ‘forthwith’ summons the day of the return, every adjournment and the day to which the same shall be,” etc. The certified transcript sent up by the justice did…
1Opinion of the CourtBoyce, J.
The record is fatally defective. Jaques v. Rice, 1 Har. 33. The record in this case distinguishes it from Blodgett v. Hudson, 6 Boyce, 462, 100 Atl. 571.
The judgment is reversed.
2Cases cited1 opinion
- Blodgett v. HudsonSuperior Court of Delaware · 1917