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17 Del. 265

Hunter v. Roach

Superior Court of Delaware

Decided April 12, 1898

Superior Court of Delaware · decided 1898-04-12

<p>Certiorari directed to Frank C. Wiltbank, Esq:, one of the Justices of the Peace in and for Sussex County.'</p>

Decided 1898-04-12

Fore, C. J:—

¶1As to the first exception, the affidavit of the plaintiff appearing upon the record to the effect that there was danger of losing the benefit of his process by delay, is sufficient without a statement upon the record that the Justice was satisfied by said oath that there was such danger.

¶2The second and third exceptions are also insufficient. It appears from the récord that the summons was served on the day after it was delivered to the constable, which was a reasonable time, it not appearing that it could have been served sooner. It has been held by this Court that two days is a reasonable time in which to serve and return a summons returnable forthwith.

¶3As to the fourth exception, where a summons is returnable forthwith the Justice can render judgment upon the return of the writ and is not required to wait until the close of the business day.

¶4Judgment below affirmed.

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