Legal Opinion

Heitz v. Sayers

Superior Court of Delaware

Decided April 18, 1921No. Sci. Pa. Sur. Mechanics’ Lien, No. 30PublishedCited by 12 opinions

1Opinion of the CourtPennewill, C. J.

The affidavit filed by the claimant in support of the statement of claim is as follows:

‘ ‘ That he is the plaintiff in the above-stated cause. That the above statement and the facts therein alleged are true to the best of his knowledge and belief.”

The law provides that—

“ The claimant shall make affidavit to the truth and correctness of the said claim and of the facts stated therein.” Chapter 225, 29 Del.Laws, 725, amending Rev. Code 1915, § 2843.

Under this provision the affidavit filed is usually in the following form:

“ The above claim and the facts therein stated (and the bill of particulars…

2Cases cited5 opinions

  1. Western Plumbing Co. v. FriedMontana Supreme Court · 1905
  2. Dorman v. CrozierSupreme Court of Kansas · 1875
  3. Stanhope v. DodgeCourt of Appeals of Maryland · 1879
  4. Merchants and Planters Bank v. HollisCourt of Appeals of Texas · 1904
  5. Story's Administrator v. StoryIndiana Supreme Court · 1869

3Cited by12 opinions

  1. Hahn v. FrederickSupreme Court of Florida · 1953
  2. E. J. Hollingsworth Co. v. Continental-Diamond Fibre Co.Superior Court of Delaware · 1934
  3. Oscar George, Inc. v. PottsSupreme Court of Delaware · 1955
  4. Browning-Ferris, Inc. v. Rockford Enterprises, Inc.Superior Court of Delaware · 1993
  5. Girdler Corp. v. Delaware Compressed Gas Co.Superior Court of Delaware · 1936

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