Superior Court of Delaware, 1836

King's Adm'x v. Hudson's Adm'r.

King's Adm'x v. Hudson's Adm'r.
Superior Court of Delaware · Decided July 5, 1836
2 Del. 135

Counsel

Cullen , for plaintiff. Ridgely , for defendant.

King's Adm'x v. Hudson's Adm'r.

Opinion of the Court

The Court

dismissed the certiorari, on the ground that it was barred by the lapse of time; thereby deciding that there is a limitation to the suing out writs of certiorari, and that such limitation is five years. A certiorari is a writ of error, and the constitution Art. 6¡ sec. 20, provides that no writ of error shall be brqught upon any judgment but within five years after the rendering the same; unless the person entitled to such writ shall be an infant, &c.

Certiorari dismissed.

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