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Davis v. Day

1 Del. Cas. 575 Court Supreme Court. Kent. English

Delivered by Johns, C. J.

Contents

Majority

p. 575
DAVIS v. DAY.
Supreme Court. Kent.
October, 1818.
Clayton's Notebook, 78.
p. 576
Hall for appellant. Hayes for respondent.

In every case of judgment by default on a constable’s return of summons, it ought to appear on some part of the record sent up. We do not mean that it should be made a docket entry, but it should appear there or in some other part of the return. Judgment reversed.

(Vide 1 Str. 140, 2 Str. 1077, that the loss of this record might be supplied by a new entry.)