Gibbons v. Mason

1 Del. 452

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.