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Lincoln G. Johnson, d. b. a. vs. The State of Delaware, on complaint of the Commissioners of Lewes, p. b. r.

Delaware Superior Court1895-10
2 Marv. 37216 Del. 372

Authorities cited

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Opinion

majority opinion

Lore, C. J.

The exception is fatal. The statute provides, u That any Justice of the Peace, on application under oath showing cause thereof, shall issue his warrant.” 16 Del. Laws ch. 345 § 7 ; Rev. Code (1893) 300. It is not set forth in the record ofthe Justice that the party who made the complaint was a member of the Board of Health of Lewes, authorized to act for said Board. The judgment is therefore reversed on that ground.