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10 Del. 399

Luff v. Thomas

Superior Court of Delaware

Decided July 5, 1877

Superior Court of Delaware · decided 1877-07-05

<p>The words, “ the said constable,” contained in the statement of the cause of action, will supply the omission to state that he was a constable in the entry of the names of the parties on the margin of the docket in a suit by a constable against a purchaser for goods sold at an official sale by him.</p>

Decided 1877-07-05

By the Court:

¶1 The omission to state his office or official .addition on the margin of the docket on entering the names of the parties, the plaintiff and defendant, in the heading of the suit below, was sufficiently supplied by the words “ said constable,” contained in the statement of the cause of action which immediately follows the names of the parties as stated in the record, and before any other constable is named, or any other person is referred to as a constable having any connection whatever with the case, and it must therefore be understood, of course, to have reference to the person named as the plaintiff below in the action as the “ said constable ” from whom the defendant bought the ' goods at the said constable sale, which the record also sufficiently imports.

¶2 Judgment below affirmed.

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