Stidham v. Chase — 3 Del. 418

Majority

p. 418

HENRY STIDHAM vs. HORATIO G. CHASE.

Headnote

In a proceeding against a constable under the act of 1833, the trial must be by thcl justice and not by referees.

Certiorari. This was an action against a constable, instituted under the act of 1833, ( 8 Del. Laws 265 ,) for neglect of duty in fail-1 ing to return a writ of vend, exponas in due time, &c. The defendí ant appeared and asked an adjournment and a trial by freeholders] both of which were granted. Trial; report and judgment agains him.

p. 419

Mr. Gray, for plaintiff.

The exceptions were — 1st That the justice was bound to try the matter himself, and erred in submitting it to referees. 2d. That he had no power, under the' act, to adjourn the cause.

Judgment reversed for the first exception.