27 Del. 482 | Del. Super. Ct. | 1914
In this case one of the defendants has not been served. In appeals from justices of the peace, this court has held two returns of non est inventus equivalent to a service; and where there is
Applying this practice to a proceeding by certiorari, this court will on failure of personal service hear and determine the exceptions on two returns of non est inventus. 1 Woolley, Del. Prac. § 909.
The last exception is applicable to cases in New Castle County. Revised Code (1893) p. 723 (16 Del. Laws, c. 340).
Judgment reversed.