Opinion
Spring Sessions, 1842
CERTIORARI. This was an action against a constable, instituted under the act of 1833, (8 Del. Laws 265,) for neglect of duty in failing to return a writ of vend. exponas in due time, c. The defendant appeared and asked an adjournment and a trial by freeholders, both of which were granted. Trial; report and judgment against him.
The exceptions were — 1st. That the justice was bound to try the matter himself, and erred in submitting it to referees. 2d. That he had no power, under the act, to adjourn the cause.
Mr. Gray, for plaintiff.
Judgment reversed for the first exception.