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30 Del. 100

Jester v. Millman

Superior Court of Delaware

Decided April 10, 1918

Superior Court of Delaware · decided 1918-04-10

Action before a justice of the peace by Charles Hillman, School Tax Collector, in the name of the Commissioners for School District No. 6 of Sussex County, against Charles Jester. Judgment for plaintiff, and defendant beings certiorari. Among the exceptions filed to the record was the following: “Second.

Reversed · Decided 1918-04-10

Per Curiam:

¶1The second exception is fatal and it is not necessary to express an opinion upon any other. The statute (Rev. Code 1915, §2294) that gives the school tax collector the right to “proceed by suit in the name of the school district before any justice of the peace in said county against any person notified,” etc., does not contemplate a suit against an officer having the goods of a taxable under execution process, or having the proceeds of the sale of such goods in hand.

¶2Judgment reversed.

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