Hawkins v. Lewes Journal Co.
| Decision Date | 20 December 1922 |
| Citation | 13 Del.Ch. 317,119 A. 243 |
| Court | Court of Chancery of Delaware |
| Parties | MILTON D. HAWKINS, v. LEWES JOURNAL COMPANY, a corporation of the State of Delaware. In the Matter of the claim of B. F. Bond Paper Company |
EXCEPTIONS TO CLAIM. A receiver was appointed for Lewes Journal Company, and among the claims filed by creditors was one by the B. F. Bond Paper Company, founded on a judgment for $ 99.07 and costs, obtained against the Journal Company before a justice of the peace. Not only does the claimant claim the amount named as due, but also that the same is entitled to priority of payment because of an execution issued by the justice on the judgment. The execution was issued February 5, 1921, and made returnable February 26 1921.
The receiver excepted to the claim because no verification of said claim under oath, signed by the creditor, appears to have been made, as required by Rule 156 of this court.
The receiver further excepted to the claim for priority, because the execution was not issued in accordance with the statute in that it was made returnable in less than three months from the date of its issuance.
Woodburn Martin, for the claimant.
John M Richardson, for the receiver, the exceptant.
First as to the objection that the claim is not properly verified under the rule, it appears that the judgment was obtained by Benjamin F. Bond, trading under the firm name of B. F. Bond Paper Company. The verification is by Benjamin F. Bond, Jr., treasurer of B. F. Bond Paper Company. Solicitor for the claimant admits that B. F. Bond Paper Company is a corporation, it having been incorporated since the judgment was obtained and having succeeded to the business of the individual, B. F. Bond, trading as aforesaid. No assignment of the judgment is shown to have been made to the corporation. In this state of the record, the exception should be sustained. The claimant may, however, have leave to amend its claim by showing that it is the present owner of the judgment.
Second, as to the claim of priority under the execution, the exception will be sustained. The pertinent statutory provision dealing with executions issued by justices of the peace, is found in Revised Code 1915, Par. 4023, and is, as follows:
"It [process of execution] shall bear date of the day it is issued, and shall be made returnable on a day certain, not more than six, nor less than three months, thereafter."
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Pacher v. Sandhill Acres MHC
...of the Peace are courts of record, and have been so considered since the early judicial history of the State."1 Further, in the 1922 case of Hawkins v. Lewes Journal Co., the Court of Chancery explicitly stated that the Justice of the Peace Court was a court of record, maintaining, "While t......