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FISHER v. BIGGS

284 A.2d 117 (1971)

Lucetta M. FISHER and Joseph H. Fisher, her husband, Plaintiffs Below, Appellants, v. Robert G. BIGGS, Defendant Below, Appellee.

Supreme Court of Delaware.

September 28, 1971.

Attorney(s) appearing for the Case

William Prickett and Wayne N. Elliott, of Prickett, Ward, Burt & Sanders, Wilmington, for appellants.

James F. Kipp of Becker & Kipp, Wilmington, for appellee.

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

WOLCOTT, Chief Justice.

This matter originated in this court as an appeal from a judgment entered on a jury's verdict for the defendant. The action is a personal injury action.

Following the filing of this appeal we heard argument on the merits. Prior to decision, the appellee moved to dismiss the appeal on the ground that the docketing of it was not timely under the law. At the time of the docketing of this appeal, 10 Del.C. § 148 and Rule 23 of this...

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