Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1894-12-13
AN IMPORTANT DECISION,
Executions for Debt May be Issued by
Justices of the Peace on n Legal Holt
day when such Action Is Necessary,

Justices of the Peace on Legal HoIi-
day when such Action Is Necessary.
Every lawyer and every Justice of the
peace In Delaware as we'll as large
number of citizens will be interested in
a decision handed down by Chief JUS
tice Lore in the superior court, Satur.
day, sustaining the right Of a justice of
the peace to issue execution against any
citizen for debt on legal holiday, pro-
ylied the property of the defendant is
seized by u county constable armed
with forthwith summons.
The decision establishes an important
precedent in the courts Of Delaware and
under the ruling citizen may have
execution issued before a justice of the
peace and the goods Of debtor attached
on 4 forthwith summons on any legal
holiday, provided he can show by attl-
davit that further delay on his part
would deprive him of his goods or
money. 1t has been the practice
heretofore that constable could not
attach goods on legal holiday, and this
being the case the importance of the
decision will be fully realized. The
statute provided that all notes and
negotiable instruments becoming due
on holiday are payable the day before.
This is true in the case OF a prOmissory
note, but regarding the recovery OF
property under execution nothing is
provided IN the statute. .-=-
The cases which called forth this de-
cision from the chief justice was the
action taken by j. Harvey Whiteman,
in carrying several cases from magis-
trates court to the court above on writs
OF certiorari, the principal ground being
that judgment rendered by justice OF
the peace on legal holiday was invalid
and the plaintiff could not recover.
Christopher Pfrommcr sued Charles
Gehring and Phelix Shaible, trading as
Gehring u Shaible, To recover 5000
for goods sold and delivered. Pfrommer
also instituted two individual suits
against Shaible and Gehring for SEC
and $l72O, respectively, on a book &C.
count. County Constable Reardun was
given the writs and lie attached on last
Decoration Day tile horse and wagon oil
Gehring IL Shaible on forthwith sum.
mons, and locked the horse up at the
Delaware House stables The defend.
ants came and gave security and the
horse and wagon were released. Pfrom
mer obtained Judgment, however.
Mr.. Whitcman carried the cases t.
the court above OH writs of Certiorari
| His contentious were that the writ oil
summons was issued rcturnable forth
with, on the statements merely of thC
plaintiff that there was danger of losing
the benefit of his process by delay
without the justice being satisfied tina
such was the case, as required by law
Mr. Whiteman filed further exceptions
to the Justices record us follows: "Tha
the Justices record shows that the wri
OF summons was issued returnable forth
with on May S0th, 1894, the same bein!
a dies non juridicus. Further, that tn
Justices record shows that the justic
heard the proofs and allegations of tn
plaintiff below and gave Judgment OF
the 30th day OF May, 1894, the sam
being dies non juridicus."
The Court confirmed the Judgment o
the Court below.
In delivering the decision of the cour
the Chief Justice said the statute pro
Vldes that the justice shall be satisliC
with the statement Of the plaintiff an
the record in this case shows that til
justice was satisfied with the state
mcnt of the person bringing the suit
On the second and third exception
the court held that the Both day of MAY
although it was legal holiday, it wa
not a dies non juridicus in the sam
sense the Sabbath day is, and the iustic
could lawfully make the forthwith
summons returnable and could ais
lawfully render Judgment on that day