Ney v. Polite

McNEILLY, Justice:

This is an appeal from the Superior Court’s denial of plaintiff’s petition for a Writ of Certiorari to be directed to a magistrate of the Justice of the Peace Court. The critical issue is whether the magistrate exceeded his jurisdiction in refusing to permit plaintiff’s appeal to the Superior Court from the denial of plaintiff’s timely application to vacate nonsuit and default judgments. Finding that the magistrate exceeded his jurisdiction, we reverse.

I

Briefly, the facts are as follows:

Plaintiff initiated suit in Justice of the Peace Court alleging a debt owed to it by…