Jones v. Hinderer

Citations

• 30 Del. 516
• 7 Boyce 516
• 108 A. 737
• 1920 Del. LEXIS 35

Syllabus

<p>1. Justices of the Peace—Rule to show cause is proper procedure to VACATE JUDGMENT ENTERED ON TRANSCRIPT SHOWING LACK OF JURISDICTION.</p> <p>Rule to show cause is a proper procedure for vacating judgment of a justice of the peace entered on a transcript affirmatively showing lack of jurisdiction of the justice.</p> <p>2. Justices of the Peace—Service less than four days before day of APPEARANCE INVALIDATES JUDGMENT.</p> <p>Under the statute requiring service to be made at least four days before the day of appearance, where summons returnable on the 9th day of June was not served until the 5th, such service was not as required, and gave the justice no jurisdiction of the case, so that his judgment entered on defendant’s default was void.</p> <p>3. Time—To serve process four days before appearance first and LAST DAY MUST NOT BE COUNTED.</p> <p>Under the statute requiring service to be made at least four days before the day of appearance, full time must be allowed, not counting first or last day.</p>