Warrington v. Tull

Superior Court of Delaware

Warrington v. Tull

5 Del. 107

DecidedJuly 5, 1848

StatusPublished

This text of 5 Del. 107 (Warrington v. Tull) 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

Warrington v. Tull, 5 Del. 107 (Del. Ct. App. 1848).

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Opinion

By the Court:

The exception is fatal. The act says the “ day for the defendant’s appearance” shall not be less than five days after the “day of the date” of the summons. The summons is dated October 11th and the day of appearance, viz: the 16th, is less than five days from the 11th exclusive, as it must be counted in the terms of the act. Sec. 3 has already,been so construed. Service of a summons “ at least four days before the day of appearance” is under that section required to be four days, exclusive of the day of service, and of the day of appearance.

Judgment reversed.

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By the Court:

The exception is fatal. The act says the “ day for the defendant’s appearance” shall not be less than five days after the “day of the date” of the summons. The summons is dated October 11th and the day of appearance, viz: the 16th, is less than five days from the 11th exclusive, as it must be counted in the terms of the act. Sec. 3 has already,been so construed. Service of a summons “ at least four days before the day of appearance” is under that section required to be four days, exclusive of the day of service, and of the day of appearance.

Judgment reversed.

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Bluebook (online)

5 Del. 107, Counsel Stack Legal Research, https://law.counselstack.com/opinion/warrington-v-tull-delsuperct-1848.