State Ex Rel. Brumley v. Jessup & Moore Paper Co.
Superior Court of Delaware
Writ of Error to the Superior Court for New Castle County (No. 2, January Term, 1910) (No. 114, June Term, 1908,below). See 7 Pennewill. Petition by the Attorney-General, on the relation of Horace T. Brumley, for mandamus against the Jessup & Moore Paper Company. Motion to quash the return of the Alternative Writ was refused. The relator took a bill of exceptions. The determination of the Court below was reversed in part, and the case remanded.
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Writ of Error to the Superior Court for New Castle County (No. 2, January Term, 1910) (No. 114, June Term, 1908,below). See 7 Pennewill. Petition by the Attorney-General, on the relation of Horace T. Brumley, for mandamus against the Jessup & Moore Paper Company. Motion to quash the return of the Alternative Writ was refused. The relator took a bill of exceptions. The determination of the Court below was reversed in part, and the case remanded. The facts fully appear in the opinion.
1Opinion of the Court
Hastings, J.,
delivering the opinion of the Court:
On the first day of July, A. D. 1908, the State of Delaware upon the relation of Horace T. Brumley, the plaintiff below and also the plaintiff in error, filed a petition in the Superior Court of the State of Delaware in and for New Castle County praying for a writ of peremptory mandamus directed to The Jessup and Moore Paper Company, the defendant. On the same day a rule was issued directed to said defendant to show cause why the prayer of the petitioner should not be granted, A motion was subsequently made by the defendant to quash said rule…
2Cases cited7 opinions
- Guthrie v. HarknessSupreme Court of the United States · 1905
- Varney v. BakerMassachusetts Supreme Judicial Court · 1907
- People ex rel. Central Pacific Railroad v. Board of SupervisorsCalifornia Supreme Court · 1865
- Swift v. State ex rel. RichardsonSupreme Court of Delaware · 1886
- Commissioners of Highways v. JacksonIllinois Supreme Court · 1897
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3Cited by29 opinions
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- State v. Penn-Beaver Oil Co.Supreme Court of Delaware · 1926
- State v. Cities Service CompanySupreme Court of Delaware · 1922
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