22 Del. 461
Decided October 11, 1907
Superior Court of Delaware · decided 1907-10-11
<p> Justice of Peace—Certiorari—Statute—Works of Necessity and Charity. </p> <p>When the record of the J ustice does not negative the exceptions contained in the statute, and show that the worldly business which it is alleged was performed was not a work of necessity or charity, the judgment below will be reversed.</p>
Decided 1907-10-11
¶1Among the exceptions filed to the record of the Justice, was the following, viz.:
¶2“Third. That neither the complaint nor the record negatives the exceptions contained in the statute, nor shows that the worldly business, which said record alleges was performed, was not work of necessity and charity.”
¶3Judgment below reversed.