Public-domain · open source
OpenJurist

30 Del. 82

Bunting v. Hudson

Superior Court of Delaware

Decided February 6, 1918

Superior Court of Delaware · decided 1918-02-06

Action before a justice of the peace by Clara Hudson against Moxie Bunting. Judgment for plaintiff, and defendant brings certiorari. On exceptions to the record and proceedings before the justice.

Reversed · Decided 1918-02-06

Boyce, J.:

¶1Rev. Code 1915, §4028, requires every justice of the peace to set down in his docket, among other matters, “the cause of action’’ of every action commenced before him. The obvious purpose of the requirement is to reasonably inform the defendant of the nature and character of the demand which he is called on to meet or defend. The statement of the cause of action as “assumpsit for $16.08’’ does not so inform the defendant; for from such statement it does not appear whether the action is based on an express or implied promise, or contract, for the payment of money, delivery of produce, goods, wares or merchandise, or for personal labor, hire or service, or for any other cause of action within the jurisdiction of a justice of the peace. Crawford v. England, 2 Houst. 171; Guarantee Fund, etc., v. Henderson, 3 Pennewill, 159, 50 Atl. 535; Ralph,Adm’r., v. Pennel, 4 Houst. 542.

¶2The judgment is reversed.

/30/del/82 · .json · Public domain