Legal Opinion

Newell v. Hampton

Supreme Court of Delaware

Decided June 21, 1893PublishedCited by 8 opinions

This was a writ of certiorari issued in vacation by the Clerk of the Court of Errors and Appeals to the Superior Court for Newcastle county. The cause of action in the Superior Court was a mechanics’ lien claim filed, upon which a scire facias was issued. At the return term of said scire facias the defendant appeared and suffered judgment by default.

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This was a writ of certiorari issued in vacation by the Clerk of the Court of Errors and Appeals to the Superior Court for Newcastle county. The cause of action in the Superior Court was a mechanics’ lien claim filed, upon which a scire facias was issued. At the return term of said scire facias the defendant appeared and suffered judgment by default. Thereupon the plaintiff below issued his levari facias, whereupon the defendant below sued out of the Court of Errors and Appeals, in vacation, a writ of certiorari to the Superior Court, and caused a citation to be issued to the plaintiff below,…

1Per curiam

The allowance of a writ of certiorari is a matter of sound judicial discretion. That it is not a matter of right necessarily follows from the fact that it may be denied in some cases, as where there is otherwise an adequate remedy, or the point involved is a matter of no serious complaint or injury. So where substantial justice has been done, though the record may show the proceedings to have been defective and informal, but only technical errors or inaccuracies appear. It is only where the writ is given as a statutory remedy for review that it issues as a matter of course. Accordingly it was…

2Cited by8 opinions

  1. Strickfaden v. Greencreek Highway DistrictIdaho Supreme Court · 1926
  2. Harris v. City of Des MoinesSupreme Court of Iowa · 1926
  3. Flait v. Mayor & Council of WilmingtonSupreme Court of Delaware · 1953
  4. Elbert v. ScottSupreme Court of Delaware · 1914
  5. Banks v. DowningSuperior Court of Delaware · 1951

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