Morrison v. Montgomery

Citations

• 30 Del. 222
• 7 Boyce 222
• 105 A. 425
• 1918 Del. LEXIS 44

Syllabus

<p>Justices of the Peace—Review—Service of Summons.</p> <p>Where defendant in an action before a justice entered an appeal, it became necessary that respondent be summoned to appear and answer, in view of Rev. Code 1915, § 4036, and on return of summons non est inventus an alias summons should have been issued at least before the next term, the failure to secure which amounts to neglect to prosecute, and authorizes dismissal.</p>