SYLLABUS-RECORD. ALFRED P. JUMP, JR., d. b., vs. NATHAN JONES, use of JAMES GREEN, p. b. Justice of Peace-Certiorari-Garnishee; Judgment Against-Notice; Posting of-Record of Justice. I. The judgment rendered against the garnishee cannot be for a greater amount than the judgment given the original debtor. 2. What the record of the Justice must disclose as to giving public notice by advertisements posted, etc., and as to what said notice states. (March 15, 1901.) LORE, C. J., and PENNEWILL and BOYCE, J. J., sitting. John P. Nields for plaintiff in error. Walter H. Hayes for defendant in error. Superior Court, New Castle County, February Term, 1901. CERTIORARI (No. 6, September Term, 1900), to John A. Kelley, a Justice of the Peace in and for New Castle County. The record of the Justice set forth in substance, among other things, the following: "Attachment case for goods sold and delivered. Amount demanded forty-seven dollars and thirteen cents ($47.13), with interest from January 1, 1895. On affidavit filed by plaintiff March 28, 1900, attachment issued to one Hurlock, constable, returnable forthwith. Constable returns no goods; attachment laid in hands of the Philadelphia, Wilmington and Baltimore Railroad Company and summoned one Lawson, paying clerk of said corporation, to answer as garnishee, on Thursday, April 5, 1900, as within directed, March 29, 1900. "Same day I thereupon issued notices of attach RECORD-EXCEPTIONS. ment to Alfred S. Hurlock, constable, to post at the Court House and four public places in the Justice's hundred, said defendant not being a resident of said Justice's hundred, for at least two years." The concluding part of the said record of the Justice was as follows: And now to wit, this 30th day of April, A. D. 1900, the plaintiff present, the referees present, who were by me sworn and affirmed according to law, they went into a hearing of the cause. After hearing the proofs and allegations, and maturely considering the same, the proofs of the posting of notices of attachment for one month being verified by oath of the constable in writing, they rendered a report to me in writing of an award, in favor of the plaintiff Nathan Jones (use of James W. Green), and against the defendant, Alfred P. Jump, Jr., for sixty-one 8 dollars, debt and interest and cost of suit. I thereupon enter judgment in favor of the plaintiff, Nathan Jones (use of James W. Green) and against the defendant, Alfred P. Jump, Jr., for sixty-one 78 dollars debt and interest, and eleven dollars, cost of suit. 78 "JOHN A. KELLEY, J. P. "And now to wit, this 30th day of April, A. D. 1900, the Philadelphia, Wilmington and Baltimore Railroad Company appears and answers to owing seventy-three dollars to Alfred P. Jump, Jr. "I thereupon enter judgment in favor of the plaintiff, Nathan Jones (use of James W. Green), and against the Philadelphia, Wilmington and Baltimore Railroad Company, garnishee of Alfred P. Jump, Jr., for seventy-three 1 dollars. "JOHN A. KELLEY, J. P." The following exceptions to the record were filed on behalf of the defendant below: 1. That the record discloses that the judgment entered against OPINION. the Philadelphia, Wilmington and Baltimore Railroad Company, garnishee of Alfred P. Jump, Jr., is for a greater sum than the judgment given against Alfred P. Jump, Jr., original debtor. 2. That the record fails to disclose that public notice was given by advertisements posted in the Justice's office, at the Court House door of his county and three public places in the Justice's hundred. 3. That the record fails to disclose that said public notice stated the parties, the sum demanded, the time and cause of issuing the attachment, as stated in the affidavit and the return. LORE, C. J:-The second and third exceptions as to posting notices are met by the record. We hold that the first exception is fatal, however. Let the judgment below be reversed. THE HOME LOAN ASSOCIATION, a corporation of the State of Delaware, vs. JOHN M. FOARD and HANNAH C. D. FOARD his wife. Mortgage-Practice-Judgment; Opening of-Precedent. A judgment recovered on mortgage for want of an affidavit of defense, will not be opened and parties let into trial, although it appeared to the Court by the petition and affidavit of defendant (1) that she had called upon her attorney immediately after she had knowledge of the mortgage, and asked him to appear for her and defend FACTS. any suit that might be entered thereon; (2) that upon being summoned by the Sheriff she supposed her attorney would know and take care of the same; (3) that she had been since informed by him that without his knowledge of suit being brought judgment had been entered at the present term; and (4) that she had a just and legal defense to the whole cause of action, viz., that she never executed the said supposed mortgage. (March 15, 1901.) LORE, C. J., and PENNEWILL and BOYCE, J. J., sitting. Superior Court, New Castle County, February Term, 1901. RULE TO SHOW CAUSE why judgment should not be opened and parties let into a trial, (No. 103, November Term, 1901). The petition and affidavit of Hannah C. D. Foard, one of the defendants, set out the following facts: "That she is the owner of a small house and lot in the City of Wilmington; that on or about the day of Septem to ber, A. D. 1900, she discovered that there was of record on said property a mortgage purporting to be signed by her and her husband; that she immediately called upon her counsel and asked him to appear and defend any suit that might be entered upon said mortgage; that upon being summoned by the sheriff she supposed and thought that her counsel would know and take care of the same; that she is now informed by him that without his knowledge of suit having been brought judgment has been entered at this present time for want of an affidavit of defense, being No. the November Term, A. D. 1900. That she has a just and legal defense to the whole of said cause of action, the nature and character of which is that she never executed the said supposed mortgage. That she is informed and believes that there is no such corporation as named in said suit. And that she prays this Honorable Court to open said judgment, in accordance with the statute in such case made and provided, upon her giving security to satisfy any judgment that may be entered therein." OPINION. After hearing testimony and argument, the Court held the matter under advisement for several days and thereupon rendered the following decision: LORE, C. J.:-In the case of The Home Loan Association vs. Foard, et. al., we have carefully considered the application to open the judgment, because of what seemed to be a hardship. And after the most thorough consideration, the Court have reached the conclusion that the applicatlon is not within the statute and that it would be establishing a bad precedent for us to open this judgment. We are therefore compelled to refuse the application. THE STATE OF DELAWARE, upon the relation of HERBERT H. WARD, Attorney-General, vs. PHILIP Q. CHURCHMAN. Quo Warranto-Pleading-Demurrer-Constitution-Statute; Con- 1. The Municipal Court of the City of Wilmington is an inferior court within the scope and meaning of the constitutional provision authorizing its establishment. And as such inferior court, it necessarily became, from the time of its establishment, one of the courts under the judicial system of the State authorized by the Constitution. 2. The fact that the authority of the Court to administer criminal justice is limited to a certain locality or district, does not make the duties which the possession of such power imposes, nor the agents charged with the performance thereof, any more or less public in their character. 3. The said Municipal Court, in the administration of the criminal laws of the |