Biddle Ex Rel. Jenkins v. Cooper's Administrator

Superior Court of Delaware

Biddle Ex Rel. Jenkins v. Cooper's Administrator

2 Del. 138

Superior Court of Delaware·Decided July 5, 1836·Published

Opinion

Per curiam.

The defendant has pleaded to the scire facias, and this is controuerting the suit; for the plaintiff was bound to come prepared for trial, !and~it would not be just that he should pay the costs of witnesses, an expense which was made necessary by filing the pleas. If the defendant did not intend to controvert the demand, he should have permitted judgment to go against him without appearance or plea.

Judgment for plaintiff.

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Per curiam.

The defendant has pleaded to the scire facias, and this is controuerting the suit; for the plaintiff was bound to come prepared for trial, !and~it would not be just that he should pay the costs of witnesses, an expense which was made necessary by filing the pleas. If the defendant did not intend to controvert the demand, he should have permitted judgment to go against him without appearance or plea.

Judgment for plaintiff.

Biddle Ex Rel. Jenkins v. Cooper's Administrator, 2 Del. 138 (Del. Ct. App. 1836).

Pincite

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