Doe v. Roe
Superior Court of Delaware
Counsel for defendant, on affidavit filed alleging that the plaintiff was a non-resident, obtained a rule for security for costs.
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Counsel for defendant, on affidavit filed alleging that the plaintiff was a non-resident, obtained a rule for security for costs. On January 7th, 1900, at the hearing on the rule, counsel for plaintiff asked that the rule be discharged; contending that the statute (Revised Code, 791-2) having undertaken to deal with cases where there was an actual nominal plaintiff before the Court, did not apply to a case in which John Doe, a fictitious party, was plaintiff, as in the present case, and that, therefore, there could be no security for costs required in the present case. That the said statute…
1Opinion of the Court
Lore, C. J.:
We think the whole function of the common law is practically brushed away by the consent rule entered into in this case, and makes the lessor and lessee the real parties to the suit, and that the rule ought not to be discharged.
Rule for security for costs in the sum of $200 was thereupon entered into by the plaintiff. At the trial, in February following, after a number of witnesses had been examined, counsel for defendant stated that it had developed that the amount of security named above was insufficient, and asked that a rule be laid on the plaintiff that said amount be…
2Cases cited4 opinions
- Crockett v. DavisCourt of Appeals of Maryland · 1895
- Wallace v. Wilmington & N. R.Superior Court of Delaware · 1889
- Delaney v. HartwigWisconsin Supreme Court · 1895
- Hyde v. LookabillSupreme Court of Iowa · 1885
3Cited by13 opinions
- Erwin M. Jennings Co. v. DiGenovaSupreme Court of Connecticut · 1928
- Derrickson v. StateSupreme Court of Delaware · 1974
- In Re the Purported Last Will & Testament of LangmeierCourt of Chancery of Delaware · 1983
- Holmes v. StateSupreme Court of Delaware · 1980
- State Ex Rel. State Highway Department v. 62.96247 Acres of LandSuperior Court of Delaware · 1963
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