Philadelphia National Bank v. Morgan

Superior Court of Delaware

Philadelphia National Bank v. Morgan

15 Del. 265

DecidedMay 15, 1894

StatusPublished

This text of 15 Del. 265 (Philadelphia National Bank v. Morgan) 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

Philadelphia National Bank v. Morgan, 15 Del. 265 (Del. Ct. App. 1894).

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Opinion

Lobe, C. J.

As to your second ground, we have no doubt, if the affidavit set forth that he was the acting cashier, he would be the proper officer to make the affidavit.

But as to the first objection, we think it is fatal. This is a mandatory provision ; and the Court has held that what is mandatory in that statute must be strictly complied with; and it must appear on the face of the affidavit that somebody swears that the amount is justly and truly due. The Court have held again and again that they could not supply an affidavit by intendment. They have never permitted an affidavit to be amended.

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Lobe, C. J.

As to your second ground, we have no doubt, if the affidavit set forth that he was the acting cashier, he would be the proper officer to make the affidavit.

But as to the first objection, we think it is fatal. This is a mandatory provision ; and the Court has held that what is mandatory in that statute must be strictly complied with; and it must appear on the face of the affidavit that somebody swears that the amount is justly and truly due. The Court have held again and again that they could not supply an affidavit by intendment. They have never permitted an affidavit to be amended.

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Bluebook (online)

15 Del. 265, Counsel Stack Legal Research, https://law.counselstack.com/opinion/philadelphia-national-bank-v-morgan-delsuperct-1894.