Public Roads

Superior Court of Delaware

Public Roads

5 Del. 174

Superior Court of Delaware·Decided July 5, 1849·Published

Opinion

The Court

decided that in accordance with the decisions under the act providing for the recovery of small debts, this act must be taken to require ten days’ notice, exclusive of the day of service and return.

In another petition by Joseph Chandler and others, for a public road, the objection to the order was, that the notice did not state the place where the application was to be made, as well as the time.

The Court

refused the order on that ground. The act requires a notice of time and place; and under a similar law regulating proceedings in the Orphans’ Court, it is always required.

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The Court

decided that in accordance with the decisions under the act providing for the recovery of small debts, this act must be taken to require ten days’ notice, exclusive of the day of service and return.

In another petition by Joseph Chandler and others, for a public road, the objection to the order was, that the notice did not state the place where the application was to be made, as well as the time.

The Court

refused the order on that ground. The act requires a notice of time and place; and under a similar law regulating proceedings in the Orphans’ Court, it is always required.

Public Roads, 5 Del. 174 (Del. Ct. App. 1849).

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