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ADEMSKI v. RUTH

229 A.2d 837 (1967)

Ruth V. ADEMSKI, Appellant, v. William RUTH, Appellee.

Supreme Court of Delaware.

May 5, 1967.

Attorney(s) appearing for the Case

Joseph T. Walsh, Wilmington, for appellant.

B. Wilson Redfearn, Wilmington, for appellee.

WOLCOTT, C. J., CAREY and HERRMANN, JJ., sitting.

WOLCOTT, Chief Justice.

This is an appeal from the Superior Court's denial of appellant's motion to dismiss appellee's appeal to the Superior Court from a Justice of the Peace.

Appellee moved to dismiss the appeal. He argues that Rule 5, Del.C.Ann., permitting appeal by serving and filing a notice of appeal requires a waiver by appellee of the issuance of a citation and writ of error. The motion is denied. The rule...

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