Hazel v. Cacy

Decided May 10, 1905

Superior Court of Delaware · decided 1905-05-10

Certiorari Mr. Cooper:—This is a foreign attachment case. The record of the Justice sets out that “ five legal notices of attachment prepared and issued to William H. Wallace, constable,” etc. My first exception is,— That the record does not state that the Justice prepared the notices.

Decided 1905-05-10

Lore, C. J.:

¶1—We overrule that exception.

¶2Mr. Cooper: My second exception is,—

¶3That the record does not set forth what the notices contained or stated.

¶4Revised Code 759, Sec. 33.

¶5Mr. Wolcott: The question raised by the second exception has been passed upon by this Court in the case of Jump vs. Jones, 3 Pennewill, 163 (164).

Lore, C. J.:

¶6The case of Jump vs. Jones seems to be conclusive upon the last exception. Let the judgment below be affirmed, on the ground of stare decisis.

¶7Judgment below affirmed.