Public-domain · open source
OpenJurist

21 Del. 462

Marshall v. Reed

Superior Court of Delaware

Decided October 11, 1905

Superior Court of Delaware · decided 1905-10-11

John Marshall,” etc. White, for respondent, moved to dismiss the appeal on the ground that the above certificate was defective, in that it did not state that the transcript contained a true copy of all the docket entries in the case, as required by statute, and according to the decisions of the Court in such cases.

Decided 1905-10-11

Lore, C. J.:

¶1The language of our statute is, that the Justice shall “ deliver a duly certified transcript of all the docket entries in the case.”

¶2*463Mr. Richardson:—This certificate says a full and true copy of all the entries of record in the above case of Theodore Reed vs. John Marshall.” I hold that that is a compliance with the statutory requirements.

¶3Penrewill, J.:—Would not all the entries of record, Mr. White, be even broader than all the docket entries”—would not the greater include the less ?

¶4Mr. White:—“ The docket entries ” also includes all the entries ; yet the Court decided in an appeal case at this term that those words were not sufficient in the certificate and dismissed the appeal on that ground.

¶5Lore, C. J.:—The Court thinks that the certificate is sufficient.

¶6The application to dismiss the appeal is refused.

/21/del/462 · .json · Public domain