Stone v. Jones

Superior Court of Delaware

Stone v. Jones

4 Del. 255

DecidedJuly 5, 1845

StatusPublished

This text of 4 Del. 255 (Stone v. Jones) 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

Stone v. Jones, 4 Del. 255 (Del. Ct. App. 1845).

Pincite

Opinion

The Court

said the proceedings under the attachment are not necessarily stopped by the payment of the claim of the attaching creditor, after judgment and auditors. appointed. The other creditors have an interest in the proceedings, as they may not issue any second writ of• attachment. A substitution is not necessary, as in the case of the death of the attaching creditor; the proceedings may still be conducted in his name; and the auditors have leave to report to the next term.

Order to auditors to proceed.

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The Court

said the proceedings under the attachment are not necessarily stopped by the payment of the claim of the attaching creditor, after judgment and auditors. appointed. The other creditors have an interest in the proceedings, as they may not issue any second writ of• attachment. A substitution is not necessary, as in the case of the death of the attaching creditor; the proceedings may still be conducted in his name; and the auditors have leave to report to the next term.

Order to auditors to proceed.

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Bluebook (online)

4 Del. 255, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stone-v-jones-delsuperct-1845.