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The State of Delaware, upon the relation of Harry Content and Walter Content, Co-partners doing business under the firm name and style of H. Content and Company v. The Bay State Gas Company, a corporation organized under the laws of the State of Delaware, and John Edward Addicks, President of the said Bay State Gas Company
Decision.
Lore, C. J.,
-—We consider the return in this case insufficient,
and order the peremptory writ, notwithstanding the return.
(Exception noted for respondents.)
The decree of the Court, as drawn out, was (omitting the caption) in the following words and figures, to wit:
“ And now, to wit, this 19th day of November, A. D. 1901, it appearing to the Court here that the return of the respondents to the Alternative Writ of Mandamus, filed in this cause is insufficient in law, it is considered, ordered and adjudged by the Court, that notwithstanding the return of the respondents to the said alternative writ, the Peremptory Writ of Mandamus of the State of Delaware issue, commanding the said respondents as prayed for
[238] in the petition filed in this cause and that the said respondents make return to the Court here to said peremptory writ on Saturday, the thirtieth day of November, A. D. 1901, at 10 o’clock A. M.
“ Chas. B. Lore, C. J.”