Jacoby v. Bolen

Citations

• 22 Del. 240
• 6 Penne. 240
• 67 A. 199
• 1907 Del. LEXIS 16

Syllabus

<p>Certiorari—Justice of Peace—Constable Appointed as Referee— Court asked to take Judicial Notice that Referee was a Constable of the County—Record need not State that Referees were Judicious and Impartial Men; Not Jurisdictional.</p> <p>1. The Court will not take judicial notice of the fact that a person who was appointed by a Justice as one of the referees in a case, was a constable of the county.</p> <p>2. The record of_ the Justice failed to state that the referees appointed by him were judicious and impartial men of the county. Held that although irregular it was not jurisdictional to fail to state such fact. The presumption is that the Justice did his duty unless it appears to the contrary from the record.</p>