J. Barclay Bros. v. Lawton

Citations

• 15 Del. 159

Syllabus

<p>Practice. Justice of the Peace. Record. Certiorari,—A party may file an affidavit setting forth the fact of the alteration of the record of a justice of the peace, after exceptions are filed, even though there was no affidavit appended to the exceptions; and at any time pending the certiorari. And upon such affidavit the Court will order up the original record.</p> <p>Same.—When the record of a justice has been changed, the Court will order him to correct it and then to send up a copy as it originally stood that a true transcript may be entered. Then the party may file his exceptions to the transcript of the record as it originally stood.</p> <p>Same. Judgment.—When a justice of the peace has once entered a judgment in his docket, and it is a complete record, he has no right to alter or change it in any manner whatever, and is punishable by law if he does so.</p>