Majority
p. 144Frederick Stellar, d. b. a., vs. Eugene Long, p. b. r. (January 28, 1916.) Judges Conrad and Heisel sitting. Superior Court, New Castle County, January Term, 1916. Appeal by defendant from a Justice of the Peace, No. 55,
Headnote
Justices of the Peace—Appeal—Return.On appeal from a judgment of a justice of the peace, his certificate to the transcript of the record filed, “I hereby certify that the within is a true transcript of all my entries in the above case, as witness my hand and seal,” etc., was sufficient.
Reuben Satterthwaite, Jr., for appellant.
Franklin Brockson for respondent.
Appeal by Frederick Stellar from a. judgment rendered against him by a justice of the peace in favor of Eugene Long. On motion to dismiss the appeal on the ground that the certificate of the justice to the transcript of the record filed did not meet the requirements of Section 3987, Revised Code of 1915.
p. 145
Lewis v. Hazel, 4 Harr. 470 ; Barker v. David, 4 Penn. 395 , 55 Ail. 334; Peninsula Cut Stone Co. v. Nixon, 3 Boyce 339 , 83 Ail. 1081. The certificate was as follows:
“I hereby certify that the within is a true transcript of all my entries in the above case. As witness my hand and seal,” etc.
Counsel for appellant contended that the certificate was sufficient, relying upon Marshall v. Reed, 5 Penn. 462 , 61 Ail. 945.
We overrule the motion to dismiss the appeal, holding that the court, in Marshall v. Reed, 5 Penn. 462 , 61 Atl. 945 , virtually covered this point.
Cases cited
- Lewis v. Hazel 4 Harr. 470 p. 145
- Peninsula Cut Stone Co. v. Nixon 3 Boyce 339 p. 145