Leviton v. Walsh

Citations

• 30 Del. 295
• 7 Boyce 295
• 105 A. 838
• 1919 Del. LEXIS 31

Syllabus

<p>1. Justices of the Peace—Appeal—Summons.</p> <p>On appeal from justice of the peace to superior court on the return of the summons with sheriff’s indorsement thereon of non est inventus, an alias summons should be issued before the next term; issuance after intervening term being too late.</p> <p>2. Justices of the Peace—Appeal—Summons—General Appearance.</p> <p>On appeal from justice of the peace to superior court, where an alias summons upon return of summons with the sheriff’s indorsement of non est inventus was not issued until after intervening term, a general appearance by respondent cured the defect.</p> <p>3. Justices of the Peace—Appeal—Entry of Surety.</p> <p>On appeal from justice of the peace to superior court, where entry of surety required by Rev. Code 1915, § 4035, was not made in the personal name of the appellant, in which he had brought the action, but in the name of a company under which he did business, the appeal will be dismissed.</p>