Money Weight Scale Co. v. Edwards

Headnote

Certiorari—Foreign Attachment—Notices— What Record Should State—Reversal of Judgment.

1. The action below being a foreign attachment, the judgment will be reversed, on Certiorari, when the record states (as to notices), “ I thereupon issue notices of attachment to Alfred S. Hurlock, constable, to post in five public places in Wilmington Hundred, May 16, 1900, the defendant having no residence in Wilmington Hundred for at least two years,” etc.

2. If the record of the Justice sets out that the constable posted the notices according to law, it would be sufficient.

to John A. Kelley, a Justice of the Peace in and for New Castle County. Foreign attachment case. The record of the Justice, with regard to the matter of notices, was as follows : “ I thereupon issue notices of attachment to Alfred S. Hurlock, constable, to post in five public places in Wilmington Hundred, May 16, 1900, the defendant having no residence in Wilmington Hundred for at least two years •”*****“ and the proofs of the service of posting of notices being verified by the oath of the constable in writing,” etc.

Counsel for the plaintiff in error filed, among others, the following exception to the record of the Justice, viz.: “ That the record fails to disclose that public notices were given by advertisement posted in the Justice’s office at the Court House of this county, or in the Justice’s hundred; or that the defendant had no place of business in said county within two years previous to the attachment.