West v. Evans

Court of Chancery of Delaware

West v. Evans

2 Del. Cas. 524, 1819 Del. LEXIS 28

DecidedJuly 28, 1819

StatusPublished

This text of 2 Del. Cas. 524 (West v. Evans) is published on Counsel Stack Legal Research, covering Court of Chancery of Delaware primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

West v. Evans, 2 Del. Cas. 524, 1819 Del. LEXIS 28 (Del. Ct. App. 1819).

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Opinion

[526]*526On motion of Mr. Weils leave is given to amend the bill. Then the variance being corrected, the demurrer was overruled. This amendment was to correct the variance, allowing a prayer of general relief in the original bill and bill of revivor.

[Note.] In 2 Madd.Ch.Pr. [1815 ed.] 396, 397, it is said that if any of the parties, plaintiffs or defendants, die, or if a feme sole plaintiff marries (it is different if a feme sole defendant marries) regularly the suit abates, and a bill of revivor is necessary. Cites 1 Vern. 318. 1 Ves. 182. Abergavenny v. Abergavenny, Vin.Abr., title, “Baron and Feme,” Ja., pl. 20.

The original bill was allowed to be revived.

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[526]*526On motion of Mr. Weils leave is given to amend the bill. Then the variance being corrected, the demurrer was overruled. This amendment was to correct the variance, allowing a prayer of general relief in the original bill and bill of revivor.

[Note.] In 2 Madd.Ch.Pr. [1815 ed.] 396, 397, it is said that if any of the parties, plaintiffs or defendants, die, or if a feme sole plaintiff marries (it is different if a feme sole defendant marries) regularly the suit abates, and a bill of revivor is necessary. Cites 1 Vern. 318. 1 Ves. 182. Abergavenny v. Abergavenny, Vin.Abr., title, “Baron and Feme,” Ja., pl. 20.

The original bill was allowed to be revived.

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Bluebook (online)

2 Del. Cas. 524, 1819 Del. LEXIS 28, Counsel Stack Legal Research, https://law.counselstack.com/opinion/west-v-evans-delch-1819.