Schabinger v. Warren

Superior Court of Delaware

Schabinger v. Warren

9 Del. 544

Superior Court of Delaware·Decided July 1, 1873·Published

Opinion

The Court,

Wootten and Wales, Associate Judges, [546]*546Gilpin, Chief Justice, absent, held that the agreement was not such an instrument for the payment of money as is provided for in the statute under which the copy of it as the cause of action with the affidavit of the plaintiff had been filed, and, therefore, ordered it to be set aside.

Mi Saulsbury, for the plaintiff

Day, for the defendant.

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The Court,

Wootten and Wales, Associate Judges, [546]*546Gilpin, Chief Justice, absent, held that the agreement was not such an instrument for the payment of money as is provided for in the statute under which the copy of it as the cause of action with the affidavit of the plaintiff had been filed, and, therefore, ordered it to be set aside.

Mi Saulsbury, for the plaintiff

Day, for the defendant.

Schabinger v. Warren, 9 Del. 544 (Del. Ct. App. 1873).

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