Burcalow v. Trump

Superior Court of Delaware

Burcalow v. Trump

1 Del. 363

DecidedJuly 1, 1857

StatusPublished

This text of 1 Del. 363 (Burcalow v. Trump) 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

Burcalow v. Trump, 1 Del. 363 (Del. Ct. App. 1857).

Pincite

Opinion

But the Court,

Wootten, J.,

dissenting, were of a different opinion, and discharged the rule to show cause, &c. The [364]*364whole question depends under the words of the act, upon the residence of the party at the time. If the party resides out of the State at the time when the foreign attachment is issued, he is amenable to the process, notwithstanding he may have been temporarily in the State at, before, and after that time. Such, we think, is the construction which the words of the act require, and we have no discretion over it.

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But the Court,

Wootten, J.,

dissenting, were of a different opinion, and discharged the rule to show cause, &c. The [364]*364whole question depends under the words of the act, upon the residence of the party at the time. If the party resides out of the State at the time when the foreign attachment is issued, he is amenable to the process, notwithstanding he may have been temporarily in the State at, before, and after that time. Such, we think, is the construction which the words of the act require, and we have no discretion over it.

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Bluebook (online)

1 Del. 363, Counsel Stack Legal Research, https://law.counselstack.com/opinion/burcalow-v-trump-delsuperct-1857.