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HOLLOWAY v. STATE

72 A.2d 238 (1950)

HOLLOWAY v. STATE.

Superior Court of Delaware, Sussex.

March 10, 1950.

Attorney(s) appearing for the Case

W. Howard Thompson, of Georgetown, for defendant.

Daniel J. Layton, Jr., Deputy Attorney General, for the State.

CAREY, J., sitting.

CAREY, Judge.

To be upheld on certiorari, the record of a Justice of the Peace must show jurisdiction in him. Jurisdiction over the subject matter of an action cannot be conferred upon a Court by consent of an accused, but this is not true of jurisdiction over his person. Ney v. State, Del.Super., 54 A.2d 542. This principle has apparently been followed by every Court which has considered it. 14 Am.Jur. 917. Failure to timely object to lack of jurisdiction over the...

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