Lofland v. Cannon

Superior Court of Delaware

Lofland v. Cannon

3 Del. 320

DecidedJuly 5, 1841

StatusPublished

This text of 3 Del. 320 (Lofland v. Cannon) 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

Lofland v. Cannon, 3 Del. 320 (Del. Ct. App. 1841).

Pincite

Opinion

But the Court said the proceeding is under section 14, Dig. 338, and is defective, because not before a justice of the peace of the same county where the judgment was originally rendered. A scire facias may be issued by a justice in either county, on the transcript of a judgment before any other justice in the State, but an execution cannot be issued on such transcript by any other than a justice of the same county.

Judgment reversed.

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But the Court said the proceeding is under section 14, Dig. 338, and is defective, because not before a justice of the peace of the same county where the judgment was originally rendered. A scire facias may be issued by a justice in either county, on the transcript of a judgment before any other justice in the State, but an execution cannot be issued on such transcript by any other than a justice of the same county.

Judgment reversed.

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Bluebook (online)

3 Del. 320, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lofland-v-cannon-delsuperct-1841.