Rice v. McCaulley
Supreme Court of Delaware
Error to the Superior Court in and for New Castle County. Heard before Saulsbury, Ch., and Houston and Whiteley, J. J. A writ of summons in assumpsit, against the plaintiff in error, was issued at the instance of the plaintiff below on February 23, 1881, returnable to the following May Term of the Superior Court in and for New Castle County. This writ was returned May 15, the first day of the term, “ non est inventus.”
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Error to the Superior Court in and for New Castle County. Heard before Saulsbury, Ch., and Houston and Whiteley, J. J. A writ of summons in assumpsit, against the plaintiff in error, was issued at the instance of the plaintiff below on February 23, 1881, returnable to the following May Term of the Superior Court in and for New Castle County. This writ was returned May 15, the first day of the term, “ non est inventus.” On May 25, an alias summons was issued, returnable to the November Term of the Superior Court, and was returned November 25, “ summoned personally.” On April 6, 1881, in the…
1Opinion of the Court
Houston, J.:
This is purely a question of law involving the construction of the words of a statute passed by the legislature on the 6th day of April, 1881, providing in the first section that no person shall be incompetent to testify in any civil action or proceeding whether at law or in equity, because he is a party to the record or interested in the event of the suit or matter to be determined, and in the second section that the provisions of the act shall not apply to any civil action or proceeding pending at the time of the passage of the act; and the only question to be determined in *234the…
2Cases cited1 opinion
- Lockwood v. BatesCourt of Chancery of Delaware · 1833
3Cited by6 opinions
- International Pulp Equipment Co. v. St. Regis Kraft Co.District Court, D. Delaware · 1944
- Connecticut Mutual Life Insurance v. Merritt-Chapman & Scott Corp.Court of Chancery of Delaware · 1932
- Morgan v. OwnbeySuperior Court of Delaware · 1916
- Biby v. SmithSuperior Court of Delaware · 1970
- Levy v. Frederick M. Kirby & Fremkir Corp.Superior Court of Delaware · 1937
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