Truitt's Case

Delaware Court of Common Pleas

Truitt's Case

1 Del. Cas. 527, 1814 Del. LEXIS 16

DecidedDecember 3, 1814

StatusPublished

This text of 1 Del. Cas. 527 (Truitt's Case) is published on Counsel Stack Legal Research, covering Delaware Court of Common Pleas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Truitt's Case, 1 Del. Cas. 527, 1814 Del. LEXIS 16 (Del. Super. Ct. 1814).

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Opinion

Per Curiam.

This amendment would be fruitless, and you could not obtain your object by insisting that prayer. We have looked into the Acts and are of opinion that we have no authority to adjudge an insolvent debtor to serve his creditors without first summoning them to show cause why the order should not be made. But as Truitt appears to be really insolvent, we will order that the persons by whom he was arrested do, within twenty days, enter into a recognizance for his maintenance in prison, for default of which he shall be discharged.

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Per Curiam.

This amendment would be fruitless, and you could not obtain your object by insisting that prayer. We have looked into the Acts and are of opinion that we have no authority to adjudge an insolvent debtor to serve his creditors without first summoning them to show cause why the order should not be made. But as Truitt appears to be really insolvent, we will order that the persons by whom he was arrested do, within twenty days, enter into a recognizance for his maintenance in prison, for default of which he shall be discharged.

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Bluebook (online)

1 Del. Cas. 527, 1814 Del. LEXIS 16, Counsel Stack Legal Research, https://law.counselstack.com/opinion/truitts-case-delctcompl-1814.