TRALA v. MELMAR INDUSTRIES, INC.


254 A.2d 249 (1969)

Theodore TRALA and Vera Trala, his wife, Defendant Below, Appellants, v. MELMAR INDUSTRIES, INC., Plaintiff Below, Appellee.

Superior Court of Delaware, New Castle.

May 21, 1969.


Attorney(s) appearing for the Case

Peter Warren Green, Wilmington, for appellants.

Gerald Z. Berkowitz, Wilmington, for appellee.


OPINION

O'HORA, Judge.

Appellants, defendants before a Justice of the Peace Court below, seek reversal of a judgment for the appellee, plaintiff below. Appellee has moved to dismiss on grounds that no signed entry of security, as required for such appeal by 10 Del.C. § 9579, appears in the record.

Appellants have submitted affidavits indicating that a Magistrate's clerk or secretary told them that a cash deposit in the amount of the judgment...

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