Townsend v. Houston

Superior Court of Delaware

Townsend v. Houston

2 Del. 157

DecidedJuly 5, 1837

StatusPublished

This text of 2 Del. 157 (Townsend v. Houston) 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

Townsend v. Houston, 2 Del. 157 (Del. Ct. App. 1837).

Pincite

Opinion

The Court,

considering the case as falling within the equity of the thirty-eighth rule of court, (post, p. 164.) though not within its terms, granted the motion, though objected to; and ordered that plaintiff give security for costs by the second rule day in vacation, or judgment of non pros, (a.)

(a.)

).The same was the rule and practice of the old courts; and also of Chancery.

Buckmaster vs. Buckmaster et ux. ex'x. Chancery, Kent; Aug. Term 1814.

On the affidavit of Joseph Buckmaster, one of the defendants, being filed ; stating that the complainant removed out of the state soon after filing his bill; and that he had for a year and upwards, resided in the State of Ohio ; the Chancellor granted a rule that the complainant give security for the payment of the costs by the first day of next term; Or that the bill be dismissed. 2 Stranee. 697.

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The Court,

considering the case as falling within the equity of the thirty-eighth rule of court, (post, p. 164.) though not within its terms, granted the motion, though objected to; and ordered that plaintiff give security for costs by the second rule day in vacation, or judgment of non pros, (a.)

(a.)

).The same was the rule and practice of the old courts; and also of Chancery.

Buckmaster vs. Buckmaster et ux. ex'x. Chancery, Kent; Aug. Term 1814.

On the affidavit of Joseph Buckmaster, one of the defendants, being filed ; stating that the complainant removed out of the state soon after filing his bill; and that he had for a year and upwards, resided in the State of Ohio ; the Chancellor granted a rule that the complainant give security for the payment of the costs by the first day of next term; Or that the bill be dismissed. 2 Stranee. 697.

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Bluebook (online)

2 Del. 157, Counsel Stack Legal Research, https://law.counselstack.com/opinion/townsend-v-houston-delsuperct-1837.