State, Use of Jewell v. Porter

Superior Court of Delaware

State, Use of Jewell v. Porter

1 Del. 126

DecidedJuly 5, 1832

StatusPublished

This text of 1 Del. 126 (State, Use of Jewell v. Porter) 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

State, Use of Jewell v. Porter, 1 Del. 126 (Del. Ct. App. 1832).

Pincite

Opinion

The Court

charged the jury,

That it was the duty of the constable to levy on execution process placed in his hands as speedily as he reasonably can do so: and if from his neglect the debt is lost, he and his sureties are liable. What would constitute reasonable diligence must depend on the circumstances of each case. That the jury must apply the proof to this rule, and say if the constable in this case did “well and diligently” execute this process.

The jury found a verdict for the defendant; but the court, without hesitation, set it aside and granted a new trial.

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The Court

charged the jury,

That it was the duty of the constable to levy on execution process placed in his hands as speedily as he reasonably can do so: and if from his neglect the debt is lost, he and his sureties are liable. What would constitute reasonable diligence must depend on the circumstances of each case. That the jury must apply the proof to this rule, and say if the constable in this case did “well and diligently” execute this process.

The jury found a verdict for the defendant; but the court, without hesitation, set it aside and granted a new trial.

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Bluebook (online)

1 Del. 126, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-use-of-jewell-v-porter-delsuperct-1832.