Wilmington Trust Company v. Barry

359 A.2d 664, 1976 Del. LEXIS 432

• Court: Supreme Court of Delaware
• Decided: May 11, 1976
• Status: Published

Opinion

PER CURIAM:

This case was begun by a writ of foreign attachment, 10 Del.C. § 3506, by which the proceeds of certain insurance policies were seized as a basis for establishing jurisdiction in the Superior Court. The Court determined that the policy in issue was exempt from creditor claims by the provisions of 18 Del.C. § 2726, Del. Super., 338 A.2d 575 (1975). We have concluded, for the reasons stated in the careful and complete opinion of the Superior Court, that its ruling was a correct interpretation and application of the statute. *

Accordingly, the judgment is affirmed.

* Plaintiff argues in this Court that the statute is unconstitutional hut, since that question was not “fairly presented to the court below for decision,” Supreme Court Rule 5 (7), we refuse to consider it here. Wilmington Memorial Co. v. Silverbrook Cemetery Co., Del.Supr., 297 A.2d 378 (1972) ; Darling Apartment Co. v. Springer, Del.Supr., 25 Del. 420, 22 A.2d 397 (1941).