Wales v. Barratt

5 Del. 356

• Court: Superior Court of Delaware
• Decided: July 5, 1851
• Status: Published

Opinion

The Court

said the proceeding was only to procure an appearance of the defendant to the suit; and in practice it had been regarded as entitling the plaintiff only to require special bail. The defendant put in special bail accordingly.

The Court

vindicated the remarks in that case, by saying that the doubt was expressed on the constitutionality of the law.

Wales, sen., for plaintiff. Bayard, Johnson and Rogers, for defendant. Mr. Rogers

referred to the date of the act, as being before the Constitution of the United States ; and he thought its terms looked to security for payment of the money.

was about to make an order for better security for the debt, when the parties compromised, the defendant putting in special bail and confessing judgment.