O'Neal v. Messick

Citations

• 30 Del. 220
• 7 Boyce 220
• 105 A. 518
• 1919 Del. LEXIS 16

Syllabus

<p>1. Justices of the Peace—Judgment by Confession—Defective Summons.</p> <p>Notwithstanding defect in service or return of summons, a justice may render judgment against a defendant appearing on his confession.</p> <p>2. Judgment—By Confession—Several Defendants.</p> <p>One of two defendants cannot, in the absence of the other, without at least proper authority, confess judgment against both.</p> <p>3. Justices of the Peace—Default Judgment—Return of Summons.</p> <p>A justice of the peace cannot, under Rev. Code 1915, §§ 4008, 4011, the constable's return not stating date of service or being verified by his affidavit, without hearing plaintiff’s allegations and proof, render default judgment against a'fiefendant.</p>