Wiggin v. Massey

Citations

• 27 Del. 482
• 4 Boyce 482
• 90 A. 40
• 1914 Del. LEXIS 58

Syllabus

<p>1. Justices of the Peace—Review on Certiorari—Service of Citation.</p> <p>Though citation on certiorari commanding a justice of the peace to send up the record of a judgment in the case should be served on each of the defendants, the Superior Court will, on failure of personal service on one of several defendants, hear and determine the exceptions on two returns of non est inventus.</p> <p>2. Justices of the Peace—Summons—Requisites.</p> <p>A summons in justice’s court, which fails to state the hour for the appearance of defendant, is fatally defective.</p> <p>3. Justices of the Peace—Residence of Parties.</p> <p>Under Rev. Code 1852, amended to 1893, p. 723 (16 Del. Laws, c. 340), defining the territorial jurisdiction of justices of the peace in New Castle County, a justice has no jurisdiction, where it does not appear that’either of the parties resided within his territorial jurisdiction.</p>