Wood v. Dickerson

Superior Court of Delaware

Wood v. Dickerson

50 A. 215, 19 Del. 23, 3 Penne. 23, 1900 Del. LEXIS 45

DecidedOctober 30, 1900

StatusPublished

This text of 50 A. 215 (Wood v. Dickerson) 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

Wood v. Dickerson, 50 A. 215, 19 Del. 23, 3 Penne. 23, 1900 Del. LEXIS 45 (Del. Ct. App. 1900).

Pincite

Opinion

Grubb, J.:

This is merely a transcript of the docket. It does not show that the service of the summons was verified as the statute requires before the judgment by default was rendered. But it does not follow that if we had the writ here and examined the same that we might not find that it was verified upon the writ. The best way to get at that is to take out a writ of certiorari to require the Justice to send up not only the transcript of the docket entries but the whole record with the writs themselves.

Lore, C. J.:

the rule be discharged. The petitioner has his remedy of certiorari.

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

Grubb, J.:

This is merely a transcript of the docket. It does not show that the service of the summons was verified as the statute requires before the judgment by default was rendered. But it does not follow that if we had the writ here and examined the same that we might not find that it was verified upon the writ. The best way to get at that is to take out a writ of certiorari to require the Justice to send up not only the transcript of the docket entries but the whole record with the writs themselves.

Lore, C. J.:

the rule be discharged. The petitioner has his remedy of certiorari.

Cite This Page — Counsel Stack

Bluebook (online)

50 A. 215, 19 Del. 23, 3 Penne. 23, 1900 Del. LEXIS 45, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wood-v-dickerson-delsuperct-1900.