Matthew v. Fleetwood
This text of 82 A. 537 (Matthew v. Fleetwood) 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.
Opinion
It appears from the record that the action was in assumpsit on a book account of sixteen dollars and fifty-eight cents demanded; that summons issued January 5, 1911, returnable forthwith; that there was personal service; that the defendant personally appeared on the same day and confessed judgment in favor of the plaintiff.
The defendant appearing and not objecting to the issuance of the summons without the affidavit, as required by the statute, he thereby waived the defect and having confessed judgment, released the error. Bishop v. Carpenter, 1 Houst. 526; Gum v. Adams, 9 Houst. 200.
Judgment below affirmed.
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Cite This Page — Counsel Stack
82 A. 537, 26 Del. 154, 3 Boyce 154, 1912 Del. LEXIS 12, Counsel Stack Legal Research, https://law.counselstack.com/opinion/matthew-v-fleetwood-delsuperct-1912.