¶1The defendant in the action before the justice, having entered an appeal in this court, it became necessary that the respondent should be summoned to appear and answer the appeal. On the return of the summons with the sheriff’s return thereon of non est inventus, an alias summons should have been issued, at least before the next term. 2 Woolley, Del. Prac. § 1427. It is too late to do so now. This failure amounts to neglect to prosecute the appeal. It is, therefore, dismissed, and the prothonotary is directed to remit the record to the justice and enter judgment for the respondent for costs.
30 Del. 222
Morrison v. Montgomery
Decided November 25, 1918
Superior Court of Delaware · decided 1918-11-25
Action by Harry Montgomery against Julian C. Morrison before a justice of the peace. Judgment for plaintiff, and defendant appeals. On motion to dismiss the appeal. Special- appearance by respondent’s attorney for the purpose of moving that the appeal be dismissed for the reason that the appellant had neglected to prosecute it. It appeared that the appeal was duly entered on Saturday next preceding Monday, the first day of the succeeding term of court.
Appeal dismissed · Decided 1918-11-25