STRATTON v. TRAVIS


380 A.2d 985 (1977)

Gloria STRATTON, Plaintiff, v. Wendell D. TRAVIS, Individually and in his official capacity as a constable of the Justices of the Peace Courts, and Mary Frances Jarmon, Defendants.

Superior Court of Delaware, Sussex County.

Decided October 5, 1977.

On Rehearing November 14, 1977.


Attorney(s) appearing for the Case

H. William Schab, Jr. of Community Legal Aid Society, Inc., Georgetown, for plaintiff.

Marvin D. Forman, Dept. of Justice, Wilmington, for defendants.


OPINION

TEASE, Judge.

This case is before the court on plaintiff's motion for summary judgment. All the pertinent facts having been stipulated, the only question presented is whether the statute in question is constitutional.

Plaintiff is a single person and head of her household. In 1975 a judgment was entered against her by a Justice of the Peace. Later, execution was sought on that judgment and a writ of fi fa attachment was issued authorizing...

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