Palmer v. Palmer

Superior Court of Delaware

Palmer v. Palmer

57 A. 533, 20 Del. 402, 4 Penne. 402, 1903 Del. LEXIS 43

CourtSuperior Court of Delaware

DecidedJune 3, 1903

DocketNo. 91

StatusPublished

This text of 57 A. 533 (Palmer v. Palmer) 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

Palmer v. Palmer, 57 A. 533, 20 Del. 402, 4 Penne. 402, 1903 Del. LEXIS 43 (Del. Ct. App. 1903).

Pincite

Opinion

Lore, C. J.:

It has been brought to our attention that attorneys have been in the habit of accepting service of original process for the defendant in a suit. We think this is a bad practice. In all divorce cases there ought to be personal service, and also in others when it is practicable. And where it is not practicable in other cases, the return of “ service waived ” should be signed by the attorney for defendant. In divorce cases the Sheriff should make personal service on the defendant; if he cannot do so he may make a return of non est.

[403]*403Mr. Jocelyn:—As representing the Sheriff, I ask leave to amend the writ now, making the return of non est.

The Court so ordered and Mr. Rice entered an appearance for the defendant.

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Lore, C. J.:

It has been brought to our attention that attorneys have been in the habit of accepting service of original process for the defendant in a suit. We think this is a bad practice. In all divorce cases there ought to be personal service, and also in others when it is practicable. And where it is not practicable in other cases, the return of “ service waived ” should be signed by the attorney for defendant. In divorce cases the Sheriff should make personal service on the defendant; if he cannot do so he may make a return of non est.

[403]*403Mr. Jocelyn:—As representing the Sheriff, I ask leave to amend the writ now, making the return of non est.

The Court so ordered and Mr. Rice entered an appearance for the defendant.

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Bluebook (online)

57 A. 533, 20 Del. 402, 4 Penne. 402, 1903 Del. LEXIS 43, Counsel Stack Legal Research, https://law.counselstack.com/opinion/palmer-v-palmer-delsuperct-1903.