Majority
p. 461Jessie A. Wright, d. b., vs. the State of Delaware, by complaint of Stansbury H. Parsons, p. b. (October 11, 1907.) Lore, C. J., and Grubb and Boyce, J. J., sitting. Superior Court, Sussex County, October Term, 1907. Certiorari to William A. Warrington, a Justice of the Peace in and for Sussex County, (No. 30, October Term, 1907).
Headnote
Justice of Peace—Certiorari—Statute—Works of Necessity and Charity.When the record of the J ustice does not negative the exceptions contained in the statute, and show that the worldly business which it is alleged was performed was not a work of necessity or charity, the judgment below will be reversed.
James A. Marsh for plaintiff in error.
Robert H. Richards, R. C. White and J. M. Tunnell, for defendant in error.
Among the exceptions filed to the record of the Justice, was the following, viz.:
“Third. That neither the complaint nor the record negatives the exceptions contained in the statute, nor shows that the worldly business, which said record alleges was performed, was not work of necessity and charity.”
Judgment below reversed.