Marshall v. Reed

61 A. 945, 21 Del. 462, 5 Penne. 462, 1905 Del. LEXIS 41

Opinion

Lore, C. J.:

The language of our statute is, that the Justice shall “ deliver a duly certified transcript of all the docket entries in the case.”

Mr. Richardson:—This certificate says “ a full and true copy of all the entries of record in the above case of Theodore Reed vs. John Marshall.” I hold that that is a compliance with the statutory requirements.

Penrewill, J.:—Would not all the entries of record, Mr. White, be even broader than “ all the docket entries”—would not the greater include the less ?

Mr. White:—“ The docket entries ” also includes all the entries ; yet the Court decided in an appeal case at this term that those words were not sufficient in the certificate and dismissed the appeal on that ground.

Lore, C. J.:—The Court thinks that the certificate is sufficient.

The application to dismiss the appeal is refused.