Gibbons v. Mason

Superior Court of Delaware

Gibbons v. Mason

1 Del. 452

DecidedJuly 5, 1834

StatusPublished

This text of 1 Del. 452 (Gibbons v. Mason) 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

Gibbons v. Mason, 1 Del. 452 (Del. Ct. App. 1834).

Pincite

Opinion

The Court.

The act requires that notice should be left at the dwelling-house of the deft, in the presence of some member of his family or neighbors. It is a wise provision to insure notice to the party before a judgment by default shall bind him. Here the service was at an office, a place where the family do not usually reside. The constable need not state in his'return that all the requisites to a legal service were observed; but if he states any thing which shows that the service was not regular, the judgment cannot be sustained.

Judgment reversed.

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The Court.

The act requires that notice should be left at the dwelling-house of the deft, in the presence of some member of his family or neighbors. It is a wise provision to insure notice to the party before a judgment by default shall bind him. Here the service was at an office, a place where the family do not usually reside. The constable need not state in his'return that all the requisites to a legal service were observed; but if he states any thing which shows that the service was not regular, the judgment cannot be sustained.

Judgment reversed.

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Bluebook (online)

1 Del. 452, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gibbons-v-mason-delsuperct-1834.