Patterson v. Jarmon

Citations

• 21 Del. 471

Syllabus

<p>Justice of the Peace— Certiorari— Judgment by Default—Proofs and Allegations—Joint Judgment—One Defendant not Appearing.</p> <p>1. The record stated that the Justice heard “the proofs in the case.” Held that the record should set out, as required by statute when the defendant does not appear, that the Justice heard the plaintiff’s “ proofs and allegations.”</p> <p>2. It appearing that the judgment against one of the defendants was by default, and it not appearing that the plaintiff’s proofs and allegations were heard, the joint judgment must be reversed.</p>