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STATE EX REL. CAULK v. NICHOLS

267 A.2d 610 (1970)

STATE of Delaware, on the Relation of Bernard CAULK and Delores Caulk, his wife, Plaintiff, v. Judge Frederick J. NICHOLS, of Magistrate Court #13, Defendant.

Superior Court of Delaware, New Castle.

June 9, 1970.

Attorney(s) appearing for the Case

John S. Grady, Wilmington, for plaintiff.

Brian P. Murphy, Deputy Atty. Gen., Dept. of Justice, Civil Division, Wilmington, for defendant.

OPINION

MESSICK, Judge.

This is a Motion for Summary Judgment by plaintiffs, Bernard Caulk and Delores Caulk, his wife, and a Motion for Cross Summary Judgment by defendant, Judge Frederick J. Nichols, in a mandamus action wherein plaintiffs are petitioning the Superior Court to order Judge Nichols of Justice of the Peace Court # 13 to permit plaintiffs to appeal without security. The facts of the case have been agreed to by stipulation and the basic issue...

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