Otwell v. Messick

Superior Court of Delaware

Otwell v. Messick

9 Del. 542

Superior Court of Delaware·Decided July 5, 1873·Published

Opinion

The Court,

on recurring to sec. 11, Chap. 114, Rev. Code Amend. 695, as to the costs on a certiorari in such a case, gave the plaintiff léave to amend by withdrawing the former exception, which was to the judgment alone, and directed a judgment to be entered in his favor on the latter, setting aside the execution simply, as the stay of payment on the note had in the meanwhile expired.

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The Court,

on recurring to sec. 11, Chap. 114, Rev. Code Amend. 695, as to the costs on a certiorari in such a case, gave the plaintiff léave to amend by withdrawing the former exception, which was to the judgment alone, and directed a judgment to be entered in his favor on the latter, setting aside the execution simply, as the stay of payment on the note had in the meanwhile expired.

Otwell v. Messick, 9 Del. 542 (Del. Ct. App. 1873).

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