Cunningham v. Dixon

Citations

• 15 Del. 163

Syllabus

<p>Judgment. —A defect in the record of a judgment rendered by a Justice of the Peace in New Castle County, between April 8,1881, and April 20, 1887, in not setting forth the residence of the parties, is cured by Chap. 32, Vol. 18, Laws of Delaware, which specifically makes such judgments valid.</p> <p>Jurisdiction. Justice of the Peace,—Jurisdiction of a Justice of the Peace is given by statute, and is absolutely independent of docket entries ; it is a substantive fact, and docket entries are only evidence of that fact.</p> <p>Same.—A judgment by a Justice of the Peace will be reversed upon certiorari when the evidence of jurisdiction is not spread upon the record.</p> <p>Constitutional Law.—The act of April 20, 1887, providing that no judgment rendered by a Justice of the Peace shall be reversed because it fails to show upon the record the residence of the parties does not impair the validity of any contract, but simply describes the evidence which is to govern the Appellate Court when called upon to review a judgment. Quere.—-Is the act of April 8, 1881, constitutional ?</p> <p>Joint Debtors. Judgment,—Where all joint debtors are joined in an action judgment may be rendered against such of them as may be served with process and are in court.</p>