Smith v. Armour
Superior Court of Delaware
Attachment Case. The contentions of counsel appear in the opinion of the Court. The plaintiff filed an affidavit which alleged, among other things, the following State of facts: That ‘ ‘the above named defendants, trading as aforesaid, are not inhabitants of the State of Delaware, but, to the best of the knowledge and belief of said deponent, reside in the State of Illinois.
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Attachment Case. The contentions of counsel appear in the opinion of the Court. The plaintiff filed an affidavit which alleged, among other things, the following State of facts: That ‘ ‘the above named defendants, trading as aforesaid, are not inhabitants of the State of Delaware, but, to the best of the knowledge and belief of said deponent, reside in the State of Illinois. That on Friday, the sixth day of May, A. D., 1898, this complainant sued out of said Court a writ of summons against said defendants in the above stated case, being ten days and upwards before the first day of the present…
1Opinion of the Court
Uorb C. J:—
This is an application to the Court to award a
writ of foreign attachment, upon the return of non est upon a summons issued against the defendant ten days before the return thereof, in an action to recover damages for injuries sustained by reason of the defendant’s tort, in failing to provide a safe place for one of defendant’s employes.
The question is whether foreign attachment will lie on mesne process, in cases sounding in tort.
The statute governing this subject is found in Section 19, Chapter 104, page 785, Revised Code, and is as follows: “A writ of foreign attachment may be…
2Cases cited1 opinion
- Warwick v. ChaseCourt of Appeals of Maryland · 1865
3Cited by8 opinions
- Cantor v. SachsCourt of Chancery of Delaware · 1932
- Blaustein v. Standard Oil Co.Supreme Court of Delaware · 1946
- Woods v. SpoturnoSuperior Court of Delaware · 1936
- McNeilly v. FurmanSupreme Court of Delaware · 1953
- Blaustein v. Standard Oil Co.Superior Court of Delaware · 1947
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