Cook v. Gray
Supreme Court of Delaware
This cause came up on a case stated and questions of law reserved for a hearing before all the Judges of the Court of Errors and Appeals at the last term and was held under advisement by them until the present, when their opinion was delivered.
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This cause came up on a case stated and questions of law reserved for a hearing before all the Judges of the Court of Errors and Appeals at the last term and was held under advisement by them until the present, when their opinion was delivered. By the written case as stated, it appeared that a writ of copias in an action on the case at the suit of Andrew D. Cook, the plaintiff, against George Goss and John Mc-Ginniss trading as the firm of Goss & McGinniss, was issued on the 12th day of July, 1856, returnable to the ¡November Term of that year in the Superior Court for New Castle County, and…
1Judgment of the CourtGilpin, C. J.
It appears from the record that the plaintiff, Andrew D. Cook, instituted suit against one George Goss on the 12th of July, 1856, that Andrew G. Gray became the special bail of Goss on the 10th of September, 1857, and that judgment was recovered against the latter on the 23d of November, 1859.
On the 14th of March, 1860, a writ of ca. sa. was sued out against Goss returnable to the next May term, which, in due course, was returned by the sheriff non est inventus. Both Cook and Goss were non-residents of this State, at the time the judgment was recovered.
A writ of scire facias was sued out…
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