Legal Opinion

Mobile Cotton Mills v. Smyrna Shirt & Hosiery Co.

Superior Court of Delaware

Decided November 3, 1905No. 137PublishedCited by 1 opinion

Summons Case The following affidavit of defense was filed, viz: “ State of Delawabe, 1 “Kent County, ‘ “ Be it remembered that on this twenty-sixth day of October A. D. 1905, before me, Walter Pardoe, Prothonotary of the Superior Court of the State of Delaware in and for Kent County personally comes Charles B. Prettyman, Treasurer of Smyrna Shirt and Hosiery Company, the defendant in the above stated suit, who having been by me duly sworn according to law doth depose and say…

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Summons Case The following affidavit of defense was filed, viz: “ State of Delawabe, 1 “Kent County, ‘ “ Be it remembered that on this twenty-sixth day of October A. D. 1905, before me, Walter Pardoe, Prothonotary of the Superior Court of the State of Delaware in and for Kent County personally comes Charles B. Prettyman, Treasurer of Smyrna Shirt and Hosiery Company, the defendant in the above stated suit, who having been by me duly sworn according to law doth depose and say that he is the Treasurer of the defendant in the above stated suit; that he verily believes that there is a legal…

1Opinion of the Court

Lore, C. J.:

think, on the point that the affidavit fails to state in what respect the corporation plaintiff has not complied with the statutes of the State of Delaware, that judgment should be given notwithstanding the affidavit of defense.

Judgment for plaintiff.

2Cited by1 opinion

  1. Hance Hardware Co. v. HowardSuperior Court of Delaware · 1939

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