Lewis v. Woodall

Superior Court of Delaware

Lewis v. Woodall

9 Del. 543

DecidedJuly 5, 1873

StatusPublished

This text of 9 Del. 543 (Lewis v. Woodall) 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

Lewis v. Woodall, 9 Del. 543 (Del. Ct. App. 1873).

Pincite

Opinion

The Court.

The statute provides that wffien the defendant in the writ resides out of the county, as in this case, notice of the sale shall be served on the tenant of the premises, or if there be no tenant, that it shall he left at the mansion house, or other public place on the premises. Rev. Code, Amend. chap. 111, sec. 23, p. 679. And that of itself precludes the presumption that notice could be served in such a case, in any other manner than personally on the tenant of the premises, if there be one. Besides the general rule in regard to the service of process, or legal notice, is that it must be served personally on the party, or the individual in question, unless, some other mode is specially provided for that purpose in the statute, or has been otherwise established by long and recognized jDractice to the contrary. The rule must, therefore, be made absolute, and the sale set aside.

Massey, for the plaintiff in the rule.

Walcott, for the defendant in the rule.

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The Court.

The statute provides that wffien the defendant in the writ resides out of the county, as in this case, notice of the sale shall be served on the tenant of the premises, or if there be no tenant, that it shall he left at the mansion house, or other public place on the premises. Rev. Code, Amend. chap. 111, sec. 23, p. 679. And that of itself precludes the presumption that notice could be served in such a case, in any other manner than personally on the tenant of the premises, if there be one. Besides the general rule in regard to the service of process, or legal notice, is that it must be served personally on the party, or the individual in question, unless, some other mode is specially provided for that purpose in the statute, or has been otherwise established by long and recognized jDractice to the contrary. The rule must, therefore, be made absolute, and the sale set aside.

Massey, for the plaintiff in the rule.

Walcott, for the defendant in the rule.

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Bluebook (online)

9 Del. 543, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lewis-v-woodall-delsuperct-1873.