29 Del. 446
Decided March 21, 1917
Superior Court of Delaware · decided 1917-03-21
Action by George H. Wiggin against Loro H. Lynam, before a Justice of the Peace. Judgment for plaintiff. Defendant brings certiorari. Affirmed. Counsel for the defendant below contended that the requirement of the statute that the justice should appoint “judicious and impartial men of the county” was jurisdictional, and that the fact that the record did not disclose that the referees so appointed were “judicious and impartial men of the county,” was fatal.
Decided 1917-03-21
¶1The case of Jacoby v. Bolen, 6 Pennewill, 240, 67 Atl. 199, is controlling.
¶2The decision in the Jacoby Case is approved by the court, and it is decisive of the question by the exception to the record filed in this case. The judgment below is affirmed.