Jefferson v. Padley

Superior Court of Delaware

Jefferson v. Padley

100 A. 600, 29 Del. 553, 6 Boyce 553, 1917 Del. LEXIS 25

CourtSuperior Court of Delaware

DecidedJanuary 11, 1917

DocketNo. 1

StatusPublished

This text of 100 A. 600 (Jefferson v. Padley) 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

Jefferson v. Padley, 100 A. 600, 29 Del. 553, 6 Boyce 553, 1917 Del. LEXIS 25 (Del. Ct. App. 1917).

Pincite

Opinion

Per Curiam:

At one time in this state, under such circumstances, it was necessary to issue the alias or pluries fi. fa. in the form of a fi. fa. for the residue. Fiddleman v. Biddle, 1 Harr. 500. However, this practice has been changed for many years and it is now sufficient if the alias or pluries writ issues in the general form of an alias or pluries fi. fa. Woolley on Del. Practice, § 1002.

As the form of the writ issued in this case follows the established practice, we are of the opinion that it should not be quashed. The court therefore refuse the motion.

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Per Curiam:

At one time in this state, under such circumstances, it was necessary to issue the alias or pluries fi. fa. in the form of a fi. fa. for the residue. Fiddleman v. Biddle, 1 Harr. 500. However, this practice has been changed for many years and it is now sufficient if the alias or pluries writ issues in the general form of an alias or pluries fi. fa. Woolley on Del. Practice, § 1002.

As the form of the writ issued in this case follows the established practice, we are of the opinion that it should not be quashed. The court therefore refuse the motion.

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Bluebook (online)

100 A. 600, 29 Del. 553, 6 Boyce 553, 1917 Del. LEXIS 25, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jefferson-v-padley-delsuperct-1917.