St. Georges Marsh Co. v. Jefferson

Superior Court of Delaware

St. Georges Marsh Co. v. Jefferson

50 A. 58, 19 Del. 241, 3 Penne. 241, 1901 Del. LEXIS 21

CourtSuperior Court of Delaware

DecidedJune 7, 1901

DocketCertiorari to A. N. Sutton, a Justice of the Peace in and for New Castle County No. 37

StatusPublished

This text of 50 A. 58 (St. Georges Marsh Co. v. Jefferson) 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

St. Georges Marsh Co. v. Jefferson, 50 A. 58, 19 Del. 241, 3 Penne. 241, 1901 Del. LEXIS 21 (Del. Ct. App. 1901).

Pincite

Opinion

Lore, C. J.:

The Court have considered this motion to dismiss the certiorari and have reached a unanimous conclusion. Although we have ruled otherwise, I am quite convinced that the Court inadvertently made that ruling and we should take this prompt method of correcting ourselves. The basis, to some extent) of our action then was that this defective certificate should be brought to the attention of the Court by allegation of diminution) and that not having been done, there was no properly certified record before us, and, therefore, we ought to affirm the judgment below. But upon careful consideration of the arguments made, and looking over the whole ground, we think it is not a jurisdictional matter in any sense. It is a formal defect upon the part of the Justice in not properly certifying his record, and it would seem unreasonable for this Court to affirm the judgment below upon the [245]*245¡ record sent up, although improperly certified to, if on the face of the record the judgment was manifestly wrong..

For that reason I am free to say there was error in the former ruling. This Court now unanimously hold, that the defective certificate of the Justice is not a jurisdictional matter, but a mere failure upon the part of the Justice to perform his duty, and we will make a peremtory order upon the Justice to send up a properly certified record, making a full copy of the entire record and pro- \ ceedings in the case, under seal, returnable the twenty-fourth of V this month. We should have the record properly certified before | acting upon it.

Mr, Hüles:—The suggestion has been made to me, if the 1 Court please, that the term of this Justice of the Peace has expired.

) Lore, C. J.:—Then we make the order upon the Justice of f the Peace who is his successor.

Free access — add to your briefcase to read the full text and ask questions with AI

Lore, C. J.:

The Court have considered this motion to dismiss the certiorari and have reached a unanimous conclusion. Although we have ruled otherwise, I am quite convinced that the Court inadvertently made that ruling and we should take this prompt method of correcting ourselves. The basis, to some extent) of our action then was that this defective certificate should be brought to the attention of the Court by allegation of diminution) and that not having been done, there was no properly certified record before us, and, therefore, we ought to affirm the judgment below. But upon careful consideration of the arguments made, and looking over the whole ground, we think it is not a jurisdictional matter in any sense. It is a formal defect upon the part of the Justice in not properly certifying his record, and it would seem unreasonable for this Court to affirm the judgment below upon the [245]*245¡ record sent up, although improperly certified to, if on the face of the record the judgment was manifestly wrong..

For that reason I am free to say there was error in the former ruling. This Court now unanimously hold, that the defective certificate of the Justice is not a jurisdictional matter, but a mere failure upon the part of the Justice to perform his duty, and we will make a peremtory order upon the Justice to send up a properly certified record, making a full copy of the entire record and pro- \ ceedings in the case, under seal, returnable the twenty-fourth of V this month. We should have the record properly certified before | acting upon it.

Mr, Hüles:—The suggestion has been made to me, if the 1 Court please, that the term of this Justice of the Peace has expired.

) Lore, C. J.:—Then we make the order upon the Justice of f the Peace who is his successor.

Cite This Page — Counsel Stack

Bluebook (online)

50 A. 58, 19 Del. 241, 3 Penne. 241, 1901 Del. LEXIS 21, Counsel Stack Legal Research, https://law.counselstack.com/opinion/st-georges-marsh-co-v-jefferson-delsuperct-1901.