Majority
p. 462John W. Marshall, d. b. a., vs. Theodore Reed, p. b. r. ( October 11, 1905.) Lore, C. J., and Grubb and Pennewill, J. J., sitting. Superior Court, Sussex County, April Term, 1905. (No. 65, October Term, 1905).
Headnote
Appeal—Justice of the Peace—Sufficiency of Certificate—Docket Entries.The certificate of the Justice was as follows : “ I do hereby certify that the above is a full and true copy of all the entries of record in the above case of Theodore Reed vs. John Marshall," etc. Held to be sufficient.
John M. Richardson for appellant.
Robert C. White for respondent.
Appeal from a judgment of a Justice of the Peace in and for Sussex County
The certificate of the Justice was as follows:
“ I do hereby certify that the above is a full and true copy of all the entries of record in the above case of Theodore Reed vs. John Marshall,” etc.
White, for respondent, moved to dismiss the appeal on the ground that the above certificate was defective, in that it did not state that the transcript contained a true copy of all the docket entries in the case, as required by statute, and according to the decisions of the Court in such cases.
The language of our statute is, that the Justice shall “ deliver a duly certified transcript of all the docket entries in the case.”
p. 463
Mr. Richardson:—This certificate says “ a full and true copy of all the entries of record in the above case of Theodore Reed vs. John Marshall.” I hold that that is a compliance with the statutory requirements.
Penrewill, J.:—Would not all the entries of record, Mr. White, be even broader than “ all the docket entries”—would not the greater include the less ?
Mr. White:—“ The docket entries ” also includes all the entries ; yet the Court decided in an appeal case at this term that those words were not sufficient in the certificate and dismissed the appeal on that ground.
Lore, C. J.:—The Court thinks that the certificate is sufficient.
The application to dismiss the appeal is refused.