Legal Opinion

Frick v. Miller

Superior Court of Delaware

Decided December 5, 1918No. Replevin No. 67PublishedCited by 6 opinions

Action of replevin by William H. Frick, administrator of the estate of Catharine E. Frick, deceased, against William P. Miller. Verdict for plaintiff. Judgment affirmed, post, 107 Atl. 394. Action of replevin by William H. Frick, administrator of Catharine E. Frick, deceased, against William P. Miller to recover either the possession or the value of certain articles of personal property.

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Action of replevin by William H. Frick, administrator of the estate of Catharine E. Frick, deceased, against William P. Miller. Verdict for plaintiff. Judgment affirmed, post, 107 Atl. 394. Action of replevin by William H. Frick, administrator of Catharine E. Frick, deceased, against William P. Miller to recover either the possession or the value of certain articles of personal property. The plaintiff claimed that the decedent, at the time of her death, in September, 1917, was, and had been for some time prior thereto, engaged in hotel business at Nos. 807 and 809 French street, in the city…

1Opinion of the Court

Rice, J.,

delivering the opinion of the court:

In passing upon the motion for a nonsuit, the court will give no reasons for declining the motion on grounds one and two urged by the defendant. But on the third reason urged, that is, that there is no allegation or proof of venue, in which counsel for defendant cites Parvis v. Truax, 7 Houst. 575, 32 Atl. 1050, we fail to see that in that case the court held that the venue laid in the declaration filed was insufficient. The case seemed to turn on the proof of venue rather than the laying of the venue in the declaration.

[1] We are of the opinion…

2Cases cited2 opinions

  1. McClemy v. BrownSuperior Court of Delaware · 1916
  2. Parvis v. TruaxSupreme Court of Delaware · 1887

3Cited by6 opinions

  1. Bush v. Hillman Land Co.Court of Chancery of Delaware · 1938
  2. Bush v. Hillman Land Co.Court of Chancery of Delaware · 1938
  3. Grossman v. Delaware Electric Power Co.Superior Court of Delaware · 1929
  4. Harlan & Hollingsworth Corp. v. McBrideSupreme Court of Delaware · 1949
  5. Bennett v. BrittinghamSuperior Court of Delaware · 1927

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