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21 Del. 471

Patterson v. Jarmon

Superior Court of Delaware

Decided October 26, 1903

Superior Court of Delaware · decided 1903-10-26

Certiorari The record of the Justice, after the title of the case, was as follows : “ Be it remembered that on this seventeenth day of March, A. D. 1905, an action on book account was brought by Ralph B. Jarmon against Frank Patterson and Mrs. Frank Patterson for the sum of $10.75 with credit of $2.

Decided 1903-10-26

Lore, C. J.:—

¶1This record states that the Justice heard the proofs in the case.” We have uniformly held that the record should set out, as required by statute, that the Justice heard the plaintiff’s proofs and allegations; and moreover this judgment against the wife is on the face of it a judgment by default, and it being a joint judgment, it of course vitiates the judgment.

¶2Let the judgment below be reversed.

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