Blodgett v. Hudson

Citations

• 29 Del. 462
• 6 Boyce 462
• 100 A. 571
• 1917 Del. LEXIS 22

Syllabus

<p>1. Certiorari—Record—Sufficiency.</p> <p>A record on certiorari is sufficient, where the transcript, though it does not show that the oath required by Rev. Code 1915, § 4006, in case of a forthwith summons, was made, is aided by having attached thereto the affidavit as required and the summons with the verified return, and shows that the defendant, being personally served, appeared and was present at the trial and made no objection, since any defect as to the affidavit was cured by such appearance.</p> <p>2. Certiorari—Record—Sufficiency.</p> <p>Though Rev. Code 1915, § 4028, require*, a justice to enter in his docket the day of issuing process, when returnable, the return, and, in case of a forth-summons, the day of the return, the transcript, though it failed to disclose the day of the return, was good where the summons duly verified and attached thereto showed the return and the day.</p> <p>3. Interest—Amount Recoverable—Pleading.</p> <p>In action of assumpsit, interest is allowable without being included in the statement of demand, although the amount of the judgment with interest exceeds the sum demanded.</p>