Polk v. Mitchell

Superior Court of Delaware

Polk v. Mitchell

1 Del. 433

DecidedJuly 1, 1834

StatusPublished

This text of 1 Del. 433 (Polk v. Mitchell) 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

Polk v. Mitchell, 1 Del. 433 (Del. Ct. App. 1834).

Pincite

Opinion

The court ordered a copy to be furnished the def’dt. at his own [437]*437expense, and said they would stay proceedings in the cause, until it was made out, or otherwise compel the plff. to furnish it. The deft, must necessarily have a copy, to enable him to plead; for if he sets the bond out in his plea, he must do so correctly, or the plff. [438]*438may pray an enrolment and demur. The present prayer for an enrolment, does not come at a proper time, nor from the proper party; but the court will direct a copy to be given, which is all the „ [439]*439def’dt. needs to enable him to plead. He may then place the bond on record or not, as he pleases.

Wootten, for plaintiff. Layton, for defendant.

Free access — add to your briefcase to read the full text and ask questions with AI

The court ordered a copy to be furnished the def’dt. at his own [437]*437expense, and said they would stay proceedings in the cause, until it was made out, or otherwise compel the plff. to furnish it. The deft, must necessarily have a copy, to enable him to plead; for if he sets the bond out in his plea, he must do so correctly, or the plff. [438]*438may pray an enrolment and demur. The present prayer for an enrolment, does not come at a proper time, nor from the proper party; but the court will direct a copy to be given, which is all the „ [439]*439def’dt. needs to enable him to plead. He may then place the bond on record or not, as he pleases.

Wootten, for plaintiff. Layton, for defendant.

Cite This Page — Counsel Stack

Bluebook (online)

1 Del. 433, Counsel Stack Legal Research, https://law.counselstack.com/opinion/polk-v-mitchell-delsuperct-1834.