Bennett v. Shute

Superior Court of Delaware

Bennett v. Shute

2 Del. 197

DecidedJuly 5, 1837

StatusPublished

This text of 2 Del. 197 (Bennett v. Shute) is published on Counsel Stack Legal Research, covering Superior Court of Delaware primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Bennett v. Shute, 2 Del. 197 (Del. Ct. App. 1837).

Pincite

Opinion

The Court

said, that the rule security for costs was always in the discretion of the court; and, although they would not lay down the rule that application for it must be made at the appearance term, yet they would not grant it to the prejudice or delay of the other party. This case now stands for trial; the plaintiff is not here to give the security; and if he were here, would require time to do so. The motion if granted, would therefore, necessarily continue the cause, and increase the expense.

So Mr. Booth took nothing by his motion.

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The Court

said, that the rule security for costs was always in the discretion of the court; and, although they would not lay down the rule that application for it must be made at the appearance term, yet they would not grant it to the prejudice or delay of the other party. This case now stands for trial; the plaintiff is not here to give the security; and if he were here, would require time to do so. The motion if granted, would therefore, necessarily continue the cause, and increase the expense.

So Mr. Booth took nothing by his motion.

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Bluebook (online)

2 Del. 197, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bennett-v-shute-delsuperct-1837.