Legal Opinion

Holloway v. State

Superior Court of Delaware

Decided March 10, 1950No. 318PublishedCited by 1 opinion

1Opinion of the Court

Carey, Judge.

To be upheld on certiorari, the record of a Justice of the Peace must show jurisdiction in him. Jurisdiction over the subject matter of an action cannot be conferred upon a Court by consent of an accused, but this is not true of jurisdiction over his person.. Ney v. State, 5 Terry 1, 54 A. 2d 542. This principle has apparently been followed by every Court which has considered it. 14 Am. Jur. 917. Failure to timely object to lack of jurisdiction over the person constitutes a waiver. It has been held that a plea of not guilty is a waiver. Ford v. U. S., 273 U. S. 593, 47 S. Ct.…

2Cases cited4 opinions

  1. Ford v. United StatesSupreme Court of the United States · 1926
  2. State v. RosenblumSupreme Court of New Jersey · 1925
  3. Ney v. StateSuperior Court of Delaware · 1947
  4. Morris v. StateSuperior Court of Delaware · 1946

3Cited by1 opinion

  1. Dunn v. Mayor and Council of City of WilmingtonSuperior Court of Delaware · 1965

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API