Legal Opinion

Wilmington Trust Co. v. De Paris

Superior Court of Delaware

Decided December 9, 1915PublishedCited by 2 opinions

Foreign Attachment, No. 5, March Term, 1914. Action by the Wilmington Trust Company, administrator, by ancillary letters, of Frederico Evaristo Schemel, late of Venezuela, deceased, against Isabel M. R. De Paris, also of Venezuela. Certain property of the defendant in this state was seized. The defendant gave bond, dissolving the attachment, and entered appearance by counsel. Plaintiff filed its declaration upon certain simple contracts, or evidences of indebtedness.

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Foreign Attachment, No. 5, March Term, 1914. Action by the Wilmington Trust Company, administrator, by ancillary letters, of Frederico Evaristo Schemel, late of Venezuela, deceased, against Isabel M. R. De Paris, also of Venezuela. Certain property of the defendant in this state was seized. The defendant gave bond, dissolving the attachment, and entered appearance by counsel. Plaintiff filed its declaration upon certain simple contracts, or evidences of indebtedness. A general demurrer was entered. The causes of demurrer and" the questions determined appear in the opinion of the court.…

1Opinion of the Court

Heisel, J.,-

delivering the opinion of the court:

It appears from the declaration that plaintiff’s intestate, Frederico Evaristo Schemel, at the time of his death, was a citizen of Venezuela, and also that at the time of the filing of this action, the defendant, De Paris, was a citizen of Venezuela.

It further appears that the causes of action alleged in the declaration, are certain simple contract debts, some of which are evidenced by promissory notes endorsed by the defendant to plaintiff’s intestate.

It also appears that domiciliary letters of administration were granted in Venezuela on…

2Cases cited5 opinions

  1. Wyman v. HalsteadSupreme Court of the United States · 1884
  2. Pinney v. McGregoryMassachusetts Supreme Judicial Court · 1869
  3. Abbott v. CoburnSupreme Court of Vermont · 1856
  4. Insurance Co. v. LewisSupreme Court of the United States · 1879
  5. Amsden v. DanielsonSupreme Court of Rhode Island · 1895

3Cited by2 opinions

  1. Loudon v. LoudonSupreme Court of New Jersey · 1933
  2. Johnsamson v. SaulDistrict Court, D. Alaska · 2019

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