Blodgett v. Hudson
Superior Court of Delaware
Action of Assumpsit before a justice of the peace by John P. Hudson against William W. Blodgett, on a book account for goods sold and delivered. Demand thirty-six dollars. Judgment for plaintiff. Defendant brings certiorari. Judgment affirmed.
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Action of Assumpsit before a justice of the peace by John P. Hudson against William W. Blodgett, on a book account for goods sold and delivered. Demand thirty-six dollars. Judgment for plaintiff. Defendant brings certiorari. Judgment affirmed. The action was begun by a “forthwith” summons, on the twenty-sixth day of January, A. D. 1917. The judgment was entered on the same day “for thirty-six dollars with interest from the first day of Ma}*-, A. D. 1916.” The exceptions to the record are: It does not appear by the record (1) that the justice was satisfied by the oath of the plaintiff, or any…
1Opinion of the Court
Boyce, J.,
delivering the opinion of the court:
[1] It is true that the transcript of the docket entries filed in this case does not show that the oath required by the statute, before issuing a forthwith summons, was made; yet the transcript sent up is aided by having attached thereto the affidavit which was made as required by the statute, and also the summons with the return verified. The transcript does show that the defendant was served personally, and that he appeared on the day the summons issued; and also that on the same day the “plaintiff and defendant being present” the justice…
2Cases cited2 opinions
- Robinson v. FisherSuperior Court of Delaware · 1909
- Thomas v. MarinerSuperior Court of Delaware · 1905
3Cited by5 opinions
- Troy v. TroyCalifornia Court of Appeal · 1932
- Nelson v. Canadian Industrial Alcohol Co.Superior Court of Delaware · 1937
- Hitch v. BurrisSuperior Court of Delaware · 1918
- Slivka v. MroczkaSuperior Court of Delaware · 1926
- Venetsianos v. TamasoffSuperior Court of Delaware · 1938