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NEY v. POLITE

399 A.2d 527 (1979)

Bruce NEY, t/a Blue Hen Home Improvements, Plaintiff below, Appellant herein, v. Edward A. POLITE, Defendant below, Appellee herein.

Supreme Court of Delaware.

Decided February 2, 1979.

Attorney(s) appearing for the Case

Nicholas H. Rodriguez, of Schmittinger & Rodriguez, Dover, for plaintiff below, appellant.

George H. Jones, of Twilley, Jones & Feliceangeli, Dover, for defendant below, appellee.

Before HERRMANN, Chief Justice, DUFFY, McNEILLY, QUILLEN and HORSEY, JJ., constituting the Court en Banc.

McNEILLY, Justice:

This is an appeal from the Superior Court's denial of plaintiff's petition for a Writ of Certiorari to be directed to a magistrate of the Justice of the Peace Court. The critical issue is whether the magistrate exceeded his jurisdiction in refusing to permit plaintiff's appeal to the Superior Court from the denial of plaintiff's timely application to vacate nonsuit and default judgments. Finding that the magistrate exceeded his jurisdiction, we...

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