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RAY v. HALL

1 Del. 106 1 Harr. 106 Court Del. Super. Ct. English

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p. 106
RAY, for the use of MOON vs. WINLOCK HALL.

Headnote

Justices of the peace must certify in the record to the qualification of referees.
Certiorari to justice. Trial by referees, report and judgment, thereon.
Exception. That it does not appear that the referees were duly sworn.
The record did not otherwise allude to the qualification of the referees than by the usual expression in the report “we the referees after having been duly qualified,” &c.

The proceedings must be reversed. It should appear from the record of the justice that he had sworn the referees, and should not be left to inference from their report. Sec. 6, Rig. 333.

Judgment reversed.