Wilson v. Wilson

Superior Court of Delaware

Wilson v. Wilson

8 Del. 642

DecidedJuly 1, 1868

StatusPublished

This text of 8 Del. 642 (Wilson v. Wilson) 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

Wilson v. Wilson, 8 Del. 642 (Del. Ct. App. 1868).

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Opinion

By the Court.

The motion for a nonsuit must be allowed in this case, on the last ground taken by the counsel for the defendants, for we do not think that the first judgment referred to, was paid by Barclay Wilson or his administratrix alone within the meaning of the statute under which the proceeding has been taken, or that it was in fact so paid according to the evidence in the case; and not having been so paid, the plaintiff is not entitled to a scire facias, or an execution upon it against the surviving defendants in it.

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By the Court.

The motion for a nonsuit must be allowed in this case, on the last ground taken by the counsel for the defendants, for we do not think that the first judgment referred to, was paid by Barclay Wilson or his administratrix alone within the meaning of the statute under which the proceeding has been taken, or that it was in fact so paid according to the evidence in the case; and not having been so paid, the plaintiff is not entitled to a scire facias, or an execution upon it against the surviving defendants in it.

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Bluebook (online)

8 Del. 642, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wilson-v-wilson-delsuperct-1868.