Legal Opinion

State v. Harrington

Supreme Court of Delaware

Decided June 16, 1942No. 1PublishedCited by 17 opinions

1Opinion of the Court

Speakman, J.,

delivering the opinion of the majority of the Court :

We will consider the suggested questions in the order in which they are stated:

1. Amici Curiae suggest that the Supreme Court of Delaware lacks jurisdiction to issue writs of mandamus to a Superior Court sitting as a Board of Canvass.

In Section 12 of Article IV it is provided that

“The Supreme Court shall have jurisdiction * * * To issue writs of * * * mandamus to the Superior Court * * * or any of the judges of the said [court], * * *. The General Assembly shall have power to provide by law of what judges the Supreme Court…

2Cases cited13 opinions

  1. Marbury v. MadisonSupreme Court of the United States · 1803
  2. Bank of Columbia v. OkelySupreme Court of the United States · 1819
  3. Board of Liquidation v. McCombSupreme Court of the United States · 1876
  4. State ex rel. Biggs v. CorleySupreme Court of Delaware · 1934
  5. Rash v. AllenSuperior Court of Delaware · 1910

8 more not listed; retrieve them via the Exa API.

3Cited by17 opinions

  1. Evans v. StateSupreme Court of Delaware · 2005
  2. Nardo v. NardoSupreme Court of Delaware · 1965
  3. State v. CareySupreme Court of Delaware · 1955
  4. State v. RichardsSupreme Court of Delaware · 1949
  5. Matter of HitchensSupreme Court of Delaware · 1991

12 more not listed; retrieve them via the Exa API.

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