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John W. Marshall, d. b. a., vs. Theodore Reed, p. b. r.

Delaware Superior Court1905-10-11No. No. 65
5 Penne. 46221 Del. 462

Authorities cited

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Opinion

majority opinion

Lore, C. J.:

The language of our statute is, that the Justice shall “ deliver a duly certified transcript of all the docket entries in the case.”

Mr. Richardson:—This certificate says “ a full and true copy of all the entries of record in the above case of Theodore Reed vs. John Marshall.” I hold that that is a compliance with the statutory requirements. Penrewill, J.:—Would not all the entries of record, Mr. White, be even broader than “ all the docket entries”—would not the greater include the less ?

Mr. White:—“ The docket entries ” also includes all the entries ; yet the Court decided in an appeal case at this term that those words were not sufficient in the certificate and dismissed the appeal on that ground. Lore, C. J.:—The Court thinks that the certificate is sufficient.

The application to dismiss the appeal is refused.