Clayton’s Notebook, 78
Supreme Court of Delaware, Kent County.
October, 1818.
Certiorari to John Mansfield, Esq., one of the Justices of the Peace for Kent County, requiring him to send up the record of his proceedings in a certain case in which Mathias Day was plaintiff, and Isaac Davis defendant. The process before the Justice was summons for debt, and judgment thereupon by default.
The errors assigned were that it did not appear that the constable had been sworn to the truth of his return on the summons, and that the whole of his proceedings were not certified. The proceedings before the Justice had been destroyed by fire, which fact he certified, and that he believed everything was done according to law.
Page 576
JOHNS, C. J.
In every case of judgment by default on a constable’s return of summons, it ought to appear on some part of the record sent up. We do not mean that it should be made a docket entry, but it should appear there or in some other part of the return. Judgment reversed.
Hall for appellant. Hayes for respondent.
(Vide 1 Str. 140, 2 Str. 1077, that the loss of this record might be supplied by a new entry.)