Jester v. Millman

Superior Court of Delaware

Jester v. Millman

103 A. 353, 30 Del. 100, 7 Boyce 100, 1918 Del. LEXIS 21

CourtSuperior Court of Delaware

DecidedApril 10, 1918

DocketCertiorari, No. 3

StatusPublished

This text of 103 A. 353 (Jester v. Millman) is published on Counsel Stack Legal Research, covering Superior Court of Delaware primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Jester v. Millman, 103 A. 353, 30 Del. 100, 7 Boyce 100, 1918 Del. LEXIS 21 (Del. Ct. App. 1918).

Pincite

Opinion

Per Curiam:

The second exception is fatal and it is not necessary to express an opinion upon any other. The statute (Rev. Code 1915, §2294) that gives the school tax collector the right to “proceed by suit in the name of the school district before any justice of the peace in said county against any person notified,” etc., does not contemplate a suit against an officer having the goods of a taxable under execution process, or having the proceeds of the sale of such goods in hand.

Judgment reversed.

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Per Curiam:

The second exception is fatal and it is not necessary to express an opinion upon any other. The statute (Rev. Code 1915, §2294) that gives the school tax collector the right to “proceed by suit in the name of the school district before any justice of the peace in said county against any person notified,” etc., does not contemplate a suit against an officer having the goods of a taxable under execution process, or having the proceeds of the sale of such goods in hand.

Judgment reversed.

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Bluebook (online)

103 A. 353, 30 Del. 100, 7 Boyce 100, 1918 Del. LEXIS 21, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jester-v-millman-delsuperct-1918.